IIA
103D CONGRESS
2D SESSION
H. R. 4950
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 20 (legislative day, SEPTEMBER 12), 1994
Received; read twice and referred to the Committee on Foreign Relations
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 Representa-
tives 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. SHORT TITLE.
This title may be cited as the ‘‘Overseas Private In-
vestment Corporation Amendments Act of 1994’’.
SEC. 102. REAUTHORIZATION OF CORPORATION.
Title IV of chapter 2 of part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2191 et seq.) is amended
to read as follows:
‘‘TITLE IV—OVERSEAS PRIVATE
INVESTMENT CORPORATION
‘‘SEC. 231. PURPOSE AND POLICY.
‘‘(a) PURPOSE.—The Overseas Private Investment
Corporation shall be an independent agency of the United
States under the foreign policy guidance of the Secretary
of State. The purpose of the Corporation is to promote
sustainable environmentally sound economic development
in developing countries and areas, and countries in transi-
tion from nonmarket to market economies, by mobilizing
and facilitating the participation of the United States pri-
vate sector.
‘‘(b) ELIGIBILITY CRITERIA
FOR PARTICIPATING
COUNTRIES AND AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Corporation may operate its programs
in a country (or an area within a country) only if—
‘‘(A) the United States maintains diplo-
matic relations with the country;
‘‘(B) either—
‘‘(i) the country or area is a develop-
ing country or area; or
‘‘(ii) the country is in transition from
a nonmarket to market economy; and
‘‘(C) programs in that country are not pro-
hibited under section 234(e)(2) (relating to
human rights violators).
‘‘(2) PREFERENCE FOR CERTAIN COUNTRIES.—
In conducting its activities, the Corporation shall—
‘‘(A) give preference to projects in coun-
tries with per capita incomes of $1,230 or less
in 1992 United States dollars; and
‘‘(B) restrict its activities in countries with
per capita incomes of $5,335 or more in 1992
United States dollars (other than countries des-
ignated as beneficiary countries under section
212 of the Caribbean Basin Economic Recovery
Act, the Republic of Ireland, and Northern Ire-
land).
‘‘(3) PROGRAMS IN INELIGIBLE COUNTRIES.—
(A) Except as provided in subparagraph (B), if a
country in which the Corporation is operating its
programs ceases to meet the criteria set forth in
paragraph (1), or if (pursuant to this or any other
Act) the government of that country becomes ineli-
gible for assistance, the Corporation shall cease to
operate its programs in such country, except that
the Corporation shall not be required to terminate
any contract or commitment entered into prior to
the date on which such country is determined to be
ineligible for such assistance.
‘‘(B) The Corporation may continue to operate
its programs in a country which ceases to meet the
criteria set forth in paragraph (1) if the President
of the United States determines that the operation
of such programs would be in the national interest
of the United States.
‘‘(c) GUIDELINES
FOR ACTIVITIES
OF OPIC.—In
carrying out its purpose, the Corporation shall under-
take—
‘‘(1) to conduct insurance, reinsurance, and fi-
nancing operations on a self-sustaining basis, taking
into account in its financing operations the economic
and financial soundness of projects;
‘‘(2) to broaden private participation by selling
its direct investments to private investors whenever
it can appropriately do so on satisfactory terms;
‘‘(3) to conduct its insurance operations with
due regard to principles of risk management, includ-
ing efforts to share its insurance risks and reinsur-
ance risks;
‘‘(4) to consider in the conduct of its operations
the extent to which the governments of eligible coun-
tries are receptive to private enterprise, domestic
and foreign, and their willingness and ability to
maintain conditions which enable private enterprise
to make its full contribution to the development
process;
‘‘(5) to foster private initiative and competition
and discourage monopolistic practices;
‘‘(6) to further to the greatest degree possible,
in a manner consistent with its goals, the balance-
of-payments and employment objectives of the
United States;
‘‘(7) to consider in the conduct of its operations
the extent to which the governments of eligible coun-
tries respect human rights, labor rights, and the
need to support sound environmental practices and
policies;
‘‘(8) to conduct its activities in consonance with
the international trade, investment, and financial
policies of the United States Government, and to
seek to support those developmental projects having
positive trade benefits for the United States; and
‘‘(9) to advise and assist, within its field of
competence, interested agencies of the United States
ministrator of the Agency for International De-
velopment, ex officio.
‘‘(C) VICE CHAIR.—The Vice Chair of the
Board shall be the United States Trade Rep-
resentative, ex officio, or, if so designated by
the United States Trade Representative, a Dep-
uty United States Trade Representative.
‘‘(D) PUBLIC SECTOR DIRECTORS.—(i) In
addition to the directors provided for in sub-
paragraphs (A), (B), and (C), four Directors
who are officers or employees of the Govern-
ment of the United States, including an officer
or employee of the Department of Labor, shall
be designated by and shall serve at the pleasure
of the President of the United States.
‘‘(ii) The Directors designated under this
subparagraph shall receive no additional com-
pensation by virtue of their service as such a
Director.
‘‘(E) PRIVATE
SECTOR
DIRECTORS.—(i)
Eight Directors who are not otherwise officers
or employees of the Government of the United
States shall be appointed by the President of
the United States, by and with the advice and
consent of the Senate. Of these, at least—
‘‘(I) two shall be experienced in small
business;
‘‘(II) one shall be experienced in orga-
nized labor; and
‘‘(III) one shall be experienced in so-
cial and economic development issues.
‘‘(ii) Each Director appointed under this
subparagraph shall be appointed for a term of
not more than 3 years. The terms of not more
than 3 such Directors shall expire in any 1
year. Such Directors shall serve until their suc-
cessors are appointed and qualified. Directors
may be reappointed to subsequent terms.
‘‘(iii) Each Director appointed under this
subparagraph shall be compensated at the daily
equivalent of the annual rate of pay in effect
for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for
each day (including travel time) during which
such Director is actually engaged in the busi-
ness of the Corporation, and may be paid travel
or transportation expenses to the extent author-
ized for employees serving intermittently in the
Government service under section 5703 of title
5, United States Code. Any such Director may
waive any such compensation.
‘‘(d) APPOINTMENT
OF
THE
PRESIDENT.—The
President of the Corporation shall be appointed by the
President of the United States, by and with the advice
and consent of the Senate, and shall serve at the pleasure
of the President. In making such appointment, the Presi-
dent shall take into account the private business experi-
ence of the appointee. The President of the Corporation
shall be its Chief Executive Officer and shall be respon-
sible for the operations and management of the Corpora-
tion, subject to bylaws and policies established by the
Board.
‘‘(e) OFFICERS AND STAFF.—
‘‘(1) EXECUTIVE VICE PRESIDENT.—The Exec-
utive Vice President of the Corporation shall be ap-
pointed by the President of the United States, by
and with the advice and consent of the Senate, and
shall serve at the pleasure of the President.
‘‘(2) OTHER OFFICERS AND STAFF.—(A) The
Corporation may appoint such other officers and
such employees (including attorneys) and agents as
the Corporation considers appropriate.
‘‘(B) The officers, employees, and agents ap-
pointed under this subsection shall have such func-
tions as the Corporation may determine.
‘‘(C) Of the officers, employees, and agents ap-
pointed under this paragraph, 20 may be appointed
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, may be compensated without regard to
the provisions of chapter 51 or subchapter III of
chapter 53 of such title, and shall serve at the pleas-
ure of the Corporation.
‘‘(D) Under such regulations as the President
of the United States may prescribe, any individual
appointed under subparagraph (C) may be entitled,
upon removal (except for cause) from the position to
which the appointment was made, to reinstatement
to the position occupied by that individual at the
time of appointment or to a position of comparable
grade and pay.
‘‘SEC. 233. INVESTMENT INSURANCE, FINANCING, AND
OTHER PROGRAMS.
‘‘(a) INVESTMENT INSURANCE.—
‘‘(1) RISKS FOR WHICH INSURANCE ISSUED.—
The Corporation is authorized to issue insurance,
upon such terms and conditions as the Corporation
may determine, to eligible investors assuring protec-
tion in whole or in part against any or all of the fol-
lowing risks with respect to projects which the Cor-
poration has approved:
‘‘(A) Inability to convert into United
States dollars other currencies, or credits in
such currencies, received as earnings or profits
from the approved project, as repayment or re-
turn of the investment in the project, in whole
or in part, or as compensation for the sale or
disposition of all or any part of the investment.
‘‘(B) Loss of investment, in whole or in
part, in the approved project due to expropria-
tion or confiscation by action of a foreign gov-
ernment.
‘‘(C) Loss due to war, revolution, insurrec-
tion, or civil strife.
‘‘(D) Loss due to business interruption
caused by any of the risks set forth in subpara-
graphs (A), (B), and (C).
‘‘(2) RISK SHARING ARRANGEMENTS WITH FOR-
EIGN GOVERNMENTS AND MULTILATERAL ORGANIZA-
TIONS.—Recognizing that major private investments
in eligible countries or areas are often made by en-
terprises in which there is multinational participa-
tion, including significant United States private par-
ticipation, the Corporation may make arrangements
with foreign governments (including agencies, instru-
mentalities, and political subdivisions thereof) and
with multilateral organizations and institutions for
sharing liabilities assumed under investment insur-
ance for such investments and may, in connection
with such arrangements, issue insurance to investors
not otherwise eligible for insurance under this title,
except that—
‘‘(A) liabilities assumed by the Corporation
under the authority of this paragraph shall be
consistent with the purposes of this title; and
‘‘(B) the maximum share of liabilities so
assumed shall not exceed the proportionate par-
ticipation by eligible investors in the project.
‘‘(3) MAXIMUM CONTINGENT LIABILITY WITH
RESPECT TO SINGLE INVESTOR.—Not more than 10
percent of the maximum contingent liability of in-
vestment insurance which the Corporation is per-
mitted to have outstanding under section 235(a)(1)
shall be issued to a single investor.
‘‘(b) INVESTMENT FINANCING.—
‘‘(1) DIRECT LENDING.—(A) The Corporation
is authorized to make loans in United States dollars,
repayable in dollars, and to make loans in foreign
currencies, to firms privately owned or of mixed pri-
vate and public ownership, upon such terms and
conditions as the Corporation may determine.
‘‘(B) The Corporation may designate up to 25
percent of any loan under this paragraph for use in
the development or adaptation in the United States
of new technologies or new products or services that
are to be used in the project for which the loan is
made and are likely to contribute to the economic or
social development of less developed countries.
‘‘(2) EQUITY INVESTMENT.—(A) The Corpora-
tion is authorized to purchase, invest in, or other-
wise acquire equity securities or securities with eq-
uity characteristics of any firm or entity, upon such
terms and conditions as the Corporation may deter-
mine, to be funded in the same manner as direct
loans under the Federal Credit Reform Act of 1990
for the purpose of providing capital for any project
which is consistent with the provisions of this title,
subject to the limitations in subparagraph (B).
‘‘(B)(i) The aggregate amount of the Corpora-
tion’s equity investment under this paragraph with
respect to any project shall not exceed 30 percent of
the aggregate amount of all equity investment made
with respect to such project at the time that the
Corporation’s equity investment is made (excluding
any securities acquired through the enforcement of
any lien, pledge, or contractual arrangement as a re-
sult of a default by any party under any agreement
relating to the terms of the Corporation’s invest-
ment).
‘‘(ii) The Corporation’s equity investment under
this paragraph with respect to any project, when
added to any other investments made or guaranteed
by the Corporation under this subsection with re-
spect to such project, shall not cause the aggregate
amount of all such investment to exceed, at the time
any such investment is made or guaranteed by the
Corporation, 75 percent of the total investment com-
mitted to such project, as determined by the Cor-
poration. The determination of the Corporation
under this clause shall be conclusive for purposes of
the Corporation’s authority to make or guarantee
any such investment.
‘‘(C) In making investment decisions under this
paragraph, the Corporation shall give consideration
to the extent to which the Corporation’s equity in-
vestment will assist in obtaining the financing re-
quired for such projects.
‘‘(D) Taking into consideration, among other
things, the Corporation’s financial interests and the
desirability of fostering the development of local cap-
ital markets in emerging democracies, economies in
transformation, and less developed countries, the
Corporation shall endeavor to dispose of any equity
interest it may acquire under this paragraph within
a period of 10 years from the date of acquisition of
such interest.
‘‘(3) INVESTMENT GUARANTEES.—(A) The Cor-
poration is authorized to issue to eligible investors
guarantees of loans and other investments made by
such investors assuring against loss due to such
risks and upon such terms and conditions as the
Corporation may determine, subject to subpara-
graphs (B) and (C).
‘‘(B) A guarantee issued under subparagraph
(A) on other than a loan investment may not exceed
75 percent of such investment.
‘‘(C) Except for loan investments for credit
unions made by eligible credit unions or credit union
associations, the aggregate amount of investment
(exclusive of interest and earnings) for which guar-
antees are issued under subparagraph (A) with re-
spect to any project shall not exceed, at the time of
issuance of any such guarantee, 75 percent of the
total investment committed to any such project as
determined by the Corporation. Such determination
by the Corporation shall be conclusive for purposes
of the Corporation’s authority to issue any such
guarantee.
‘‘(c) INVESTMENT ENCOURAGEMENT.—The Corpora-
tion is authorized to initiate and support through financial
participation, incentive grant, or otherwise, and on such
terms and conditions as the Corporation may determine,
the identification, assessment, surveying, and promotion
of private investment opportunities, using wherever fea-
sible and effective the facilities of private investors. The
Corporation shall not finance any survey to ascertain the
existence, location, extent, or quality of oil or gas re-
sources.
‘‘(d) SPECIAL ACTIVITIES.—The Corporation is au-
thorized to administer and manage special projects and
programs, including programs of financial and advisory
support, which provide private technical, professional, or
managerial assistance in the development of human re-
sources, skills, technology, capital savings, intermediate fi-
nancial and investment institutions, and cooperatives. The
funds for these projects and programs may, with the Cor-
poration’s concurrence, be transferred to it for such pur-
poses under the authority of section 632(a) or from other
sources, public or private.
‘‘(e) OTHER INSURANCE FUNCTIONS.—
‘‘(1) IN GENERAL.—The Corporation is author-
ized—
‘‘(A) to make and carry out contracts of
insurance or reinsurance, or agreements to as-
sociate or share risks, with insurance compa-
nies, financial institutions, any other persons,
or groups thereof; and
‘‘(B) to employ such insurance companies,
financial institutions, other persons, or groups,
where appropriate, as its agent, or to act as
their agent, in the issuance and servicing of in-
surance, the adjustment of claims, the exercise
of subrogation rights, the ceding and accepting
of reinsurance, and in any other matter incident
to an insurance business.
Such agreements and contracts shall be consistent
with the purposes of the Corporation set forth in
section 231 and shall be on equitable terms.
‘‘(2) RISK-SHARING
AGREEMENTS.—The Cor-
poration is authorized to enter into pooling or other
risk-sharing agreements with multinational insur-
ance or financing agencies or groups of such agen-
cies.
‘‘(3) OWNERSHIP INTEREST IN RISK-SHARING
ENTITIES.—The Corporation is authorized to hold
an ownership interest in any association or other en-
tity established for the purposes of sharing risks
under investment insurance.
‘‘(4) REINSURANCE OF CERTAIN LIABILITIES.—
The Corporation is authorized to issue, upon such
terms and conditions as it may determine, reinsur-
ance of liabilities assumed by other insurers or
groups thereof with respect to risks referred to in
subsection (a)(1).
‘‘(5) 
LIMITATION
ON
REINSURANCE.—The
amount of reinsurance of liabilities under this title
which the Corporation may issue shall not in the ag-
gregate exceed at any one time an amount equal to
the amount authorized for the maximum contingent
liability outstanding at any one time under section
235(a)(1). All reinsurance issued by the Corporation
under this subsection shall require that the rein-
sured party retain for his or her own account speci-
fied portions of liability, whether first loss or other-
wise.
‘‘(6) ENHANCING PRIVATE POLITICAL RISK IN-
SURANCE INDUSTRY.—In order to encourage greater
availability of political risk insurance for eligible in-
vestors by enhancing the private political risk insur-
ance industry in the United States, and to the ex-
tent consistent with this title, the Corporation shall
undertake programs of cooperation with such indus-
try, and in connection with such programs may en-
gage in the following activities:
‘‘(A) Utilizing its statutory authorities, en-
courage the development of associations, pools,
or consortia of United States private political
risk insurers.
‘‘(B) Share insurance risks (through coin-
surance, contingent insurance, or other means)
in a manner that is conducive to the growth
and development of the private political risk in-
surance industry in the United States.
‘‘(C) Notwithstanding section 237(e), upon
the expiration of insurance provided by the Cor-
poration for an investment, enter into risk-shar-
ing agreements with United States private po-
litical risk insurers to insure any such invest-
ment. In cooperating in the offering of insur-
ance under this clause, the Corporation shall
not assume responsibility for more than 50 per-
cent of the insurance being offered in each sep-
arate transaction.
‘‘SEC. 234. GUIDELINES AND CRITERIA FOR OPIC SUPPORT.
‘‘(a) DEVELOPMENT GUIDELINES.—
‘‘(1) CRITERIA.—The Corporation, in determin-
ing whether to provide insurance, reinsurance, or fi-
nancing for a project shall be guided by the eco-
nomic, environmental, and social development impact
and benefits of such a project and the ways in which
such a project complements, or is compatible with,
other development assistance programs or projects
of the United States or other donors.
‘‘(2) DEVELOPMENT
IMPACT
PROFILE.—In
order to carry out the policy set forth in paragraph
(1), the Corporation shall prepare and maintain, for
each investment project it insures, reinsures, or fi-
nances, a development impact profile consisting of
data appropriate to measure the projected and ac-
tual effects of such project on development.
‘‘(b) SMALL BUSINESS DEVELOPMENT.—
‘‘(1) BROADENED
PARTICIPATION
BY
SMALL
BUSINESSES.—The Corporation shall undertake, in
cooperation with appropriate agencies of the United
States Government as well as private entities and
others, to broaden the participation of United States
small business, cooperatives, and other small United
States investors in the development of small private
enterprise in eligible countries or areas.
‘‘(2) PREFERENTIAL
CONSIDERATION.—Not-
withstanding the requirements of section 231(c)(1),
and on such terms and conditions as the Corpora-
tion may determine through loans, grants, or other
programs authorized by section 233, the Corporation
shall undertake, to the maximum degree possible
consistent with its purposes—
‘‘(A) to give preferential consideration in
its investment insurance, reinsurance, and
guarantee activities to investment projects spon-
sored by or involving United States small busi-
ness; and
‘‘(B) to maintain the proportion of projects
sponsored by or significantly involving United
States small business at not less than 30 per-
cent of all projects insured, reinsured, or fi-
nanced by the Corporation.
‘‘(c) ENVIRONMENTAL CONSIDERATIONS.—
‘‘(1) ENVIRONMENTAL, HEALTH, OR
SAFETY
HAZARD.—The Corporation shall refuse to insure,
reinsure, or finance any investment in connection
with a project which the Corporation determines will
pose an unreasonable or major environmental,
health, or safety hazard, or will result in the signifi-
cant degradation of national parks or similar pro-
tected areas.
‘‘(2) 
RESOURCE
SUSTAINABLE
DEVELOP-
MENT.—The Corporation, in determining whether to
provide insurance, reinsurance, or financing for a
project, shall ensure that the project is consistent
with the provisions of section 117 (as so redesig-
nated by the Special Foreign Assistance Act of
1986), section 118, and section 119 of this Act re-
lating to the environment and natural resources of,
and tropical forests and endangered species in, de-
veloping countries, and consistent with the intent of
regulations issued pursuant to sections 118 and 119
of this Act.
‘‘(3) IMPACT ON ENVIRONMENT AND NATURAL
RESOURCES.—The requirements of section 117(c) of
this Act relating to environmental impact statements
and environmental assessments shall apply to any
investment which the Corporation insures, reinsures,
or finances under this title.
‘‘(4) NOTIFICATION
OF
FOREIGN
GOVERN-
MENTS.—Before finally providing insurance, reinsur-
ance, or financing under this title for any environ-
mentally sensitive investment in connection with a
project in a country, the Corporation shall notify ap-
propriate government officials of that country of—
‘‘(A) all guidelines and other standards
adopted by the International Bank for Recon-
struction and Development and any other inter-
national organization that relate to the public
health or safety or the environment and are ap-
plicable to the project; and
‘‘(B) to the maximum extent practicable,
any restriction, under any law of the United
States, that relates to public health or safety or
the environment and would apply to the project
if the project were undertaken in the United
States.
The notification under the preceding sentence shall
include a summary of the guidelines, standards, and
restrictions referred to in subparagraphs (A) and
(B), and may include any environmental impact
statement, assessment, review, or study prepared
with respect to the investment pursuant to para-
graph (3).
‘‘(5) 
CONSIDERATION
OF
COMMENTS
RE-
CEIVED.—Before finally providing insurance, rein-
surance, or financing for any investment subject to
paragraph (4), the Corporation shall take into ac-
count any comments it receives on the project in-
volved.
‘‘(d) WORKER RIGHTS.—
‘‘(1) LIMITATION
ON
OPIC
ACTIVITIES.—The
Corporation may insure, reinsure, or finance a
project only if the country in which the project is to
be undertaken is taking steps to adopt and imple-
ment laws that extend internationally recognized
worker rights, as defined in section 502(a)(4) of the
Trade Act of 1974 (19 U.S.C. 2462(a)(4)), to work-
ers in that country (including any designated zone in
that country). The Corporation shall also include the
following language, in substantially the following
form, in all contracts which the Corporation enters
into with eligible investors to provide financial sup-
port under this title:
‘‘ ‘The investor agrees not to take actions to
prevent employees of the foreign enterprise from
lawfully exercising their right of association and
their right to organize and bargain collectively. The
investor further agrees to observe applicable laws re-
lating to a minimum age for employment of children,
acceptable conditions of work with respect to mini-
mum wages, hours of work, and occupational health
and safety, and not to use forced labor. The investor
is not responsible under this paragraph for the ac-
tions of a foreign government.’.
‘‘(2) USE OF ANNUAL REPORTS ON WORKERS
RIGHTS.—The Corporation shall, in making its de-
terminations under paragraph (1), use the reports
submitted to the Congress pursuant to section
505(c) of the Trade Act of 1974 (19 U.S.C.
2465(c)).
‘‘(3) WAIVER.—(A) Paragraph (1) shall not
prohibit the Corporation from providing any insur-
ance, reinsurance, or financing with respect to a
country if the President of the United States deter-
mines that such activities by the Corporation would
be in the national economic interests of the United
States. Any such determination shall be reported in
writing to the appropriate congressional committees,
together with the reasons for the determination.
‘‘(B) As used in subparagraph (A), the term
‘appropriate congressional committees’ means the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate.
‘‘(e) HUMAN RIGHTS.—
‘‘(1) IN GENERAL.—The Corporation shall take
into account in the conduct of its programs in a
country, in consultation with the Secretary of State,
all available information about observance of and re-
spect for human rights and fundamental freedoms in
such country and the effect the operation of such
programs will have on human rights and fundamen-
tal freedoms in such country.
‘‘(2) HUMAN RIGHTS VIOLATORS.—The provi-
sions of section 116 shall apply to any insurance, re-
insurance, or financing provided by the Corporation
for projects in a country, except that in addition to
the exception set forth in subsection (a) of such sec-
tion, the Corporation may support a project if the
national security interest so requires.
‘‘(f) HARM
TO
EMPLOYMENT
IN
THE
UNITED
STATES.—
‘‘(1) REPLACEMENT OF UNITED STATES PRO-
DUCTION.—(A) The Corporation shall refuse to in-
sure, reinsure, or finance an investment if the Cor-
poration determines that—
‘‘(i) such investment is likely to cause the
investor significantly to reduce the number of
the investor’s employees in the United States
because the investor is replacing his or her
United States production with production from
such investment; and
‘‘(ii) the production from such investment
involves substantially the same product for sub-
stantially the same market as the investor’s
United States production.
‘‘(B) If the Corporation determines that an in-
vestment is not likely to have the effects described
in subparagraph (A), the Corporation shall monitor
conformance with the representations made by the
investor on which the Corporation relied in making
that determination.
‘‘(2) EXPORT PROCESSING ZONES.—The Cor-
poration shall refuse to insure, reinsure, or finance
an investment for the purpose of establishing or de-
veloping in a foreign country any export processing
zone or designated area in which the tax, tariff,
labor, environment, and safety laws of that country
do not apply, in part or in whole, to activities car-
ried out within that zone or area, unless such assist-
ance is not likely to cause a loss of jobs within the
United States as determined in consideration of the
restrictions contained in paragraph (1).
‘‘(g) PERFORMANCE REQUIREMENTS.—The Corpora-
tion shall refuse to insure, reinsure, or finance an invest-
ment which is subject to performance requirements which
would reduce substantially the positive trade benefits like-
ly to accrue to the United States from the investment.
‘‘(h) PROHIBITED TRADE PRACTICES.—
‘‘(1) PAYMENTS TO VIOLATORS BARRED.—No
payment may be made under any insurance or rein-
surance which is issued under this title on or after
April 24, 1978, for any loss occurring with respect
to a project, if the preponderant cause of such loss
was an act by the investor seeking such payment, by
a person possessing majority ownership and control
of the investor at the time of the act, or by any
agent of such investor or controlling person, and a
court of the United States has entered a final judg-
ment that such act constituted a violation of section
30A of the Securities Exchange Act of 1934 or sec-
tion 104 of the Foreign Corrupt Practices Act of
1977.
‘‘(2) REGULATIONS.—The Corporation shall
have in effect regulations setting forth appropriate
conditions under which any person who has been fi-
nally determined by a court of the United States to
have violated section 30A of the Securities Exchange
Act of 1934 or section 104 of the Foreign Corrupt
Practices Act of 1977 shall be suspended, for a pe-
riod of not more than 5 years, from eligibility to re-
ceive any insurance, reinsurance, financing, or other
financial support authorized by this title, if that vio-
lation related to a project insured, reinsured, fi-
nanced, or otherwise supported by the Corporation
under this title.
‘‘(i) FRAUD OR MISREPRESENTATION.—No payment
may be made under any guarantee, insurance, or reinsur-
ance issued under this title for any loss arising out of
fraud or misrepresentation for which the party seeking
payment is responsible.
‘‘(j) PENALTIES FOR FRAUD.—Whoever knowingly
makes any false statement or report, or willfully
overvalues any land, property, or security, for the purpose
of influencing in any way the action of the Corporation
with respect to any insurance, reinsurance, guarantee,
loan, equity investment, or other activity of the Corpora-
tion under section 233 or any change or extension of any
such insurance, reinsurance, guarantee, loan, equity in-
vestment, or activity, by renewal, deferment of action or
otherwise, or the acceptance, release, or substitution of se-
curity therefor, shall be fined not more than $1,000,000
or imprisoned not more than 30 years, or both.
‘‘(k) PUBLIC HEARINGS.—The Board shall hold at
least 1 public hearing each year in order to afford an op-
portunity for any person to present views as to whether
the Corporation is carrying out its activities in accordance
with section 231 and this section or whether any invest-
ment in a particular country should have been or should
be extended insurance, reinsurance, or financing under
this title.
‘‘SEC. 235. ISSUING AUTHORITY, DIRECT INVESTMENT AU-
THORITY, EQUITY FUND, AND RESERVES.
‘‘(a) ISSUING AUTHORITY.—
‘‘(1) INSURANCE.—The maximum contingent li-
ability outstanding at any one time pursuant to in-
surance issued under section 233(a) shall not exceed
in the aggregate $15,000,000,000.
‘‘(2) FINANCING.—(A) The maximum contin-
gent liability outstanding at any one time pursuant
to financing issued under section 233(b) shall not
exceed in the aggregate $14,500,000,000.
‘‘(B) Subject to spending authority provided in
appropriations Acts pursuant to section 504(b) of
the Federal Credit Reform Act of 1990, the Cor-
poration is authorized to transfer such sums as are
necessary from its noncredit activities to pay for the
subsidy cost of a program level for the direct loan
and guarantee programs under sections 233 (b)(1)
and (b)(3)—
‘‘(i) $3,000,000,000 for fiscal year 1995;
‘‘(ii) $4,000,000,000 for fiscal year 1996;
and
‘‘(iii) $5,000,000,000 for fiscal year 1997.
‘‘(3) TERMINATION OF AUTHORITY.—The au-
thority of sections 233 (a) and (b)(3) shall continue
until September 30, 1997.
‘‘(b) CREATION OF FUND FOR ACQUISITION OF EQ-
UITY.—The Corporation is authorized to maintain a re-
volving fund to be available solely for the purposes speci-
fied in section 233(b)(2) and to make transfers to the fund
of a total of $45,000,000 (less amounts transferred to the
fund before the effective date of this title) from its
noncredit activities. The Corporation shall apply to the
fund all amounts received by the Corporation as income
on securities acquired under section 233(b)(2) using funds
made available under this section, and from the proceeds
on the disposition of such securities. Purchases of, invest-
ments in, and other acquisitions of equity from the fund
are authorized for any fiscal year only to the extent or
in such amounts as are provided in advance in appropria-
tions Acts or are transferred to the Corporation pursuant
to section 632(a).
‘‘(c) INSURANCE RESERVES.—
‘‘(1) MAINTENANCE AND PURPOSES.—The Cor-
poration shall maintain insurance reserves. Such re-
serves shall be available for the discharge of liabil-
ities, as provided in subsection (d), until such time
as all such liabilities have been discharged or have
expired or until all such reserves have been expended
in accordance with the provisions of this section.
‘‘(2) FUNDING.—The insurance reserves shall
consist of—
‘‘(A) any funds in the insurance reserves of
the Corporation on September 30, 1994;
‘‘(B) amounts transferred to the reserves
pursuant to this Act; and
‘‘(C) such sums as are appropriated pursu-
ant to subsection (e) of this section for such
purposes.
‘‘(d) ORDER OF PAYMENTS TO DISCHARGE LIABIL-
ITIES.—Any payment made to discharge liabilities under
investment insurance or reinsurance issued under section
233, or to discharge liabilities under predecessor guaran-
tee authority, shall be paid first out of the insurance re-
serves, as long as such reserves remain available, and
thereafter out of funds made available pursuant to sub-
section (e) of this section. Any payments made to dis-
charge liabilities under guarantees issued under section
233(b)(3) shall be paid in accordance with the Federal
Credit Reform Act of 1990.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) AUTHORIZATION.—Subject to paragraph
(2), there are authorized to be appropriated to the
Corporation such amounts as may be necessary from
time to time to replenish or increase the insurance
reserves, to discharge the liabilities under insurance
or reinsurance issued by the Corporation, to dis-
charge liabilities under predecessor guarantee au-
thority, or to discharge obligations of the Corpora-
tion purchased by the Secretary of the Treasury
pursuant to subsection (f).
‘‘(2) LIMITATION ON APPROPRIATIONS.—No ap-
propriation shall be made under paragraph (1) to
augment the insurance reserves until the amount of
funds in the insurance reserves is less than
$25,000,000. Any appropriations to augment the in-
surance reserves shall then only be made either pur-
suant to specific authorization enacted after the date
of enactment of the Overseas Private Investment
Corporation Amendments Act of 1974, or to satisfy
the full faith and credit provision of section 237(c).
‘‘(f) ISSUANCE OF OBLIGATIONS.—In order to dis-
charge liabilities under investment insurance or reinsur-
ance, the Corporation is authorized to issue from time to
time for purchase by the Secretary of the Treasury its
notes, debentures, bonds, or other obligations. The aggre-
gate amount of such obligations outstanding at any one
time may not exceed $100,000,000. Any such obligation
shall be repaid to the Treasury within 1 year after the
date of issue of such obligation. Any such obligation shall
bear interest at a rate determined by the Secretary of the
Treasury, taking into consideration the current average
market yield on outstanding marketable obligations of the
United States of comparable maturities during the month
preceding the issuance of any obligation authorized by this
subsection. The Secretary of the Treasury shall purchase
any obligation of the Corporation issued under this sub-
section, and for such purchase the Secretary may use as
a public debt transaction the proceeds of the sale of any
securities issued under chapter 31 of title 31, United
States Code. The purpose for which securities may be is-
sued under chapter 31 of title 31, United States Code,
shall include any such purchase.
‘‘SEC. 236. INCOME AND REVENUES.
‘‘In order to carry out the purposes of the Corpora-
tion, all revenues earned by the Corporation from its
noncredit activities and amounts transferred to the Cor-
poration shall be held by the Corporation and shall be
available to carry out its purposes, including without limi-
tation—
‘‘(1) payment of all credit and noncredit ex-
penses of the Corporation;
‘‘(2) transfers and additions to the insurance
reserves maintained under section 235(c), and such
other funds or reserves as the Corporation may es-
tablish, at such time and in such amounts as the
Board may determine; and
‘‘(3) payment of dividends, on capital stock,
which shall consist of and be paid from net earnings
of the Corporation after payments, transfers, and
additions under paragraphs (1) and (2).
‘‘SEC. 237. GENERAL PROVISIONS RELATING TO INSUR-
ANCE AND FINANCING PROGRAM.
‘‘(a) AGREEMENTS WITH COUNTRIES.—Insurance,
guarantees, and reinsurance issued under this title shall
cover investment made in connection with projects in any
eligible country or area with the government of which the
President of the United States has agreed to institute a
program for such insurance, guarantees, or reinsurance.
‘‘(b) PROTECTION OF INTERESTS OF THE CORPORA-
TION.—The Corporation shall determine that suitable ar-
rangements exist for protecting the interest of the Cor-
poration in connection with any insurance, reinsurance, or
guarantee issued under this title, including arrangements
concerning ownership, use, and disposition of the cur-
rency, credits, assets, or investments on account of which
payment under such insurance, guarantee, or reinsurance
is to be made, and any right, title, claim, or cause of action
existing in connection therewith.
‘‘(c) FULL FAITH AND CREDIT PLEDGED.—All guar-
antees issued under predecessor guarantee authority, and
all insurance, reinsurance, and guarantees issued under
this title shall constitute obligations, in accordance with
the terms of such insurance, reinsurance, or guarantees,
of the United States of America, and the full faith and
credit of the United States of America is hereby pledged
for the full payment and performance of such obligations.
‘‘(d) FEES.—Fees may be charged for providing in-
surance, reinsurance, financing, and other services under
this title in amounts to be determined by the Corporation.
Fees paid for project-specific transaction costs and other
transaction costs, including project-related travel and ex-
penses for legal representation, associated with services
provided to specific investors or potential investors pursu-
ant to section 233, including financing, insurance, reinsur-
ance, missions, seminars, conferences, and other pre-in-
vestment services, shall be available for obligation for the
purposes for which they were collected notwithstanding
any other provision of law. Transaction costs relating to
investment financing commitments entered into pursuant
to section 233(b) shall be considered cash flows from the
Government resulting from financing commitments and
shall be paid out of the appropriate financing account es-
tablished pursuant to section 505(b) of the Federal Credit
Reform Act of 1990.
‘‘(e) INSURANCE, FINANCING, AND REINSURANCE
LIMITED TO 20 YEARS.—No insurance, reinsurance, or
guarantee of any equity investment under this title shall
extend beyond 20 years from the date on which such in-
surance, reinsurance, or guarantee is issued.
‘‘(f) 
AMOUNT
OF
COMPENSATION
PAID
ON
CLAIMS.—Compensation for any insurance, reinsurance,
or guarantee issued under this title shall not exceed the
dollar value, as of the date of the investment, of the invest-
ment made in the project with the approval of the Cor-
poration plus interest, earnings, or profits actually ac-
crued on such investment to the extent provided by such
insurance, reinsurance, or guarantee, except that the Cor-
poration may provide that—
‘‘(1) appropriate adjustments in the insured
dollar value be made to reflect the replacement cost
of project assets;
‘‘(2) compensation for a claim of loss under in-
surance of an equity investment may be computed
on the basis of the net book value attributable to
such equity investment on the date of loss; and
‘‘(3) compensation for loss due to business
interruption may be computed on a basis to be de-
termined by the Corporation which reflects amounts
lost.
Notwithstanding the preceding sentence, the Corporation
shall limit the amount of direct insurance and reinsurance
issued under section 233 so that risk of loss as to at least
10 percent of the total investment of the insured and its
affiliates in the project is borne by the insured and such
affiliates. This limitation shall not apply to direct insur-
ance or reinsurance of loans by banks or other financial
institutions to unrelated parties.
‘‘(g) LIMITATION
WITH
RESPECT
TO
FOREIGN
CREDIT INSTITUTIONS.—Insurance, guarantees, or rein-
surance of a loan or equity investment of an eligible inves-
tor in a foreign bank, finance company, or other credit
institution shall extend only to such loan or equity invest-
ment and not to any individual loan or equity investment
made by such foreign bank, finance company, or other
credit institution.
‘‘(h) SETTLEMENT AND ARBITRATION OF CLAIMS.—
Claims arising as a result of insurance, reinsurance, or
guarantee operations under this title may be settled, and
disputes arising as a result thereof may be arbitrated with
the consent of the parties, on such terms and conditions
as the Corporation may determine. Payment made pursu-
ant to any such settlement, or as a result of an arbitration
award, shall be final and conclusive notwithstanding any
other provision of law.
‘‘(i) CONTRACTS PRESUMED TO COMPLY WITH
ACT.—Each guarantee contract executed by such officer
or officers as may be designated by the Board shall be
conclusively presumed to be issued in compliance with the
requirements of this Act.
‘‘(j) USE OF LOCAL CURRENCIES.—Direct loans or
investments made in order to preserve the value of funds
received in inconvertible foreign currency by the Corpora-
tion as a result of activities conducted pursuant to section
233(a) shall not be considered in determining whether the
Corporation has made or has outstanding loans, guaran-
tees, or investments to the extent of any limitation on obli-
gations and equity investment imposed by or pursuant to
this title. The provisions of section 504(b) of the Federal
Credit Reform Act of 1990 shall not apply to direct loan
obligations made with funds described in this subsection.
‘‘(k) PROHIBITION ON NONCOMPETITIVE AWARDING
OF INSURANCE CONTRACTS ON OPIC SUPPORTED EX-
PORTS.—
‘‘(1) REQUIREMENT FOR CERTIFICATION.—(A)
Except as provided in subparagraph (C), the inves-
tor on whose behalf insurance, reinsurance, guaran-
ties, or other financing is provided under this title
with respect to a project shall be required to certify
to the Corporation that any contract for the export
of goods as part of that project will include a clause
requiring that United States insurance companies
have a fair and open competitive opportunity to pro-
vide insurance against risk of loss of such support.
‘‘(B) The investor shall be required, in every
practicable case, to so certify before the insurance,
reinsurance, guarantee, or other financing is pro-
vided. In any case in which such a certification is
not made in advance, the investor shall include in
the certification the reasons for the failure to make
a certification in advance.
‘‘(C) Subparagraph (A) does not apply with re-
spect to an investor who does not, because of the na-
ture of the investment, have a controlling interest in
fact in the project in question.
‘‘(2) REPORTS BY THE UNITED STATES TRADE
REPRESENTATIVE.—The United States Trade Rep-
resentative shall review the actions of the Corpora-
tion under paragraph (1) and, after consultation
with representatives of United States insurance com-
panies, shall report to the Congress, with respect to
such actions, in the report required by section
181(b) of the Trade Act of 1974.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘United States insurance
company’ includes—
‘‘(i) an individual, partnership, cor-
poration, holding company, or other legal
entity which is authorized, or in the case
of a holding company, subsidiaries of
which are authorized, by a State to engage
in the business of issuing insurance con-
tracts or reinsuring the risk underwritten
by insurance companies; and
‘‘(ii) foreign operations, branches,
agencies, subsidiaries, affiliates, or joint
ventures of any entity described in clause
(i);
‘‘(B) United States insurance companies
shall be considered to have had a ‘fair and open
competitive opportunity to provide insurance’ if
they—
‘‘(i) have received notice of the oppor-
tunity to provide insurance; and
‘‘(ii) have been evaluated on a non-
discriminatory basis; and
‘‘(C) the term ‘State’ includes the District
of Columbia and any commonwealth, territory,
or possession of the United States.
‘‘SEC. 238. GENERAL PROVISIONS AND POWERS.
‘‘(a) PRINCIPAL OFFICE.—The Corporation shall
have its principal office in the District of Columbia and
shall be deemed, for purposes of venue in civil actions, to
be a resident of the District of Columbia.
‘‘(b) AUDITS.—
‘‘(1) IN GENERAL.—The Corporation shall be
subject to the applicable provisions of chapter 91 of
title 31, United States Code, except as otherwise
provided in this title.
‘‘(2) INDEPENDENT
AUDIT.—An independent
certified public accountant shall perform a financial
and compliance audit of the financial statements of
the Corporation each year, in accordance with gen-
erally accepted Government auditing standards for a
financial and compliance audit, taking into consider-
ation any standards recommended by the Comptrol-
ler General. The independent certified public ac-
countant shall report the results of such audit to the
Board. The financial statements of the Corporation
shall be presented in accordance with generally ac-
cepted accounting principles. These financial state-
ments and the report of the accountant shall be in-
cluded in a report which contains, to the extent ap-
plicable, the information identified in section 9106
of title 31, United States Code. The Corporation
shall submit such report to the Congress not later
than 61⁄2 months after the end of the last fiscal year
covered by the audit. The Comptroller General may
review the audit conducted by the accountant and
the report to the Congress in the manner and at
such times as the Comptroller General considers
necessary.
‘‘(3) AUDIT BY COMPTROLLER GENERAL.—In
lieu of the financial and compliance audit required
by paragraph (2), the Comptroller General shall, if
the Comptroller General considers it necessary or
upon the request of the Congress, audit the financial
statements of the Corporation in the manner pro-
vided in paragraph (2).
‘‘(4) 
AVAILABILITY
OF
INFORMATION.—All
books, accounts, financial records, reports, files,
workpapers, and property belonging to or in use by
the Corporation and the accountant who conducts
the audit under paragraph (2), which are necessary
for purposes of this subsection, shall be made avail-
able to the representatives of the General Account-
ing Office designated by the Comptroller General.
‘‘(c) POWERS.—To carry out the purposes of this
title, the Corporation is authorized—
‘‘(1) to adopt and use a corporate seal, which
shall be judicially noticed;
‘‘(2) to sue and be sued in its corporate name;
‘‘(3) to adopt, amend, and repeal bylaws gov-
erning the conduct of its business and the perform-
ance of the powers and duties granted to or imposed
upon it by law;
‘‘(4) to acquire, hold, or dispose of, upon such
terms and conditions as the Corporation may deter-
mine, any property, real, personal, or mixed, tan-
gible or intangible, or any interest therein;
‘‘(5) to invest funds derived from fees and other
revenues in obligations of the United States and to
use the proceeds therefrom, including earnings and
profits, as it considers appropriate;
‘‘(6) to indemnify directors, officers, employees,
and agents of the Corporation for liabilities and ex-
penses incurred in connection with their Corporation
activities;
‘‘(7) to require bonds of officers, employees,
and agents and to pay the premiums for such bonds;
‘‘(8) notwithstanding any other provision of
law, to represent itself or to contract for representa-
tion in all legal and arbitral proceedings;
‘‘(9) to enter into limited-terms contracts with
nationals of the United States for personal services
to carry out activities in the United States and
abroad under section 233;
‘‘(10) to purchase, discount, rediscount, sell,
and negotiate, with or without its endorsement or
guarantee, and guarantee notes, participation certifi-
cates, and other evidence of indebtedness (except
that the Corporation shall not issue its own securi-
ties, except participation certificates for the purpose
of carrying out section 231(c)(3), participation cer-
tificates in connection with transactions authorized
by section 233(b), or participation certificates as evi-
dence of indebtedness held by the Corporation in
connection with settlement of claims under section
237(h));
‘‘(11) to make and carry out such contracts and
agreements as are necessary and advisable in the
conduct of its business;
‘‘(12) to exercise any priority of the Govern-
ment of the United States in collecting debts from
the estates of bankrupt, insolvent, or decedent par-
ties;
‘‘(13) to determine the character of and the ne-
cessity for its obligations and expenditures, and the
manner in which they shall be incurred, allowed, and
paid, subject to provisions of law specifically applica-
ble to Government corporations;
‘‘(14) to collect or compromise any obligations
assigned to or held by the Corporation, including
any legal or equitable rights accruing to the Cor-
poration; and
‘‘(15) to take such actions as may be necessary
or appropriate to carry out the powers of the Cor-
poration.
‘‘(d) EXEMPTION FROM STATE AND LOCAL TAX-
ATION.—The Corporation (including its franchise, capital,
reserves, surplus, advances, intangible property, and in-
come) shall be exempt from all taxation at any time im-
posed by any State, the District of Columbia, or any coun-
ty, municipality, or local taxing authority.
‘‘SEC. 239. ANNUAL REPORT; MAINTENANCE OF INFORMA-
TION.
‘‘(a) ANNUAL REPORT.—
‘‘(1) REQUIREMENT.—After the end of each fis-
cal year, the Corporation shall submit to the Con-
gress a complete and detailed report of its oper-
ations during such fiscal year. Such report shall in-
clude—
‘‘(A) an assessment, based upon the devel-
opment impact profiles required by section
234(a), of the economic and social development
impact and benefits of the projects with respect
to which such profiles are prepared, and of the
extent to which the operations of the Corpora-
tion complement or are compatible with the de-
velopment assistance programs of the United
States and other donors; and
‘‘(B) a description of any project for which
the Corporation—
‘‘(i) refused pursuant to section
234(e) to provide insurance, reinsurance,
financing, or other financial support on ac-
count of violations of human rights; or
‘‘(ii) notwithstanding such violations,
provided insurance, reinsurance, financing,
or financial support on the basis of a de-
termination that the exception under sec-
tion 116(a) applies, or the national secu-
rity so requires.
‘‘(2) PROJECTIONS OF EFFECTS ON EMPLOY-
MENT.—
‘‘(A) IN
GENERAL.—Each annual report
required by paragraph (1) shall contain projec-
tions of the effects on employment in the
United States of all projects for which, during
the fiscal year covered by the report, the Cor-
poration initially issued any insurance or rein-
surance or provided financing. Each such report
shall include projections of—
‘‘(i) the amount of United States ex-
ports to be generated by those projects,
both during the start-up phase and over a
period of years;
‘‘(ii) the final destination of the prod-
ucts to be produced as a result of those
projects; and
‘‘(iii) the impact such production will
have on the production of similar products
in the United States with regard to both
domestic sales and exports.
‘‘(B) BASIS FOR PROJECTIONS.—The pro-
jections required by this paragraph shall be
based on an analysis of each of the projects de-
scribed in subparagraph (A).
‘‘(C) MANNER OF REPORTING EFFECTS ON
EMPLOYMENT.—In reporting the projections on
employment required by this paragraph, the
Corporation shall specify, with respect to each
project—
‘‘(i) any loss of jobs in the United
States caused by the project, whether or
not the project itself creates other jobs;
‘‘(ii) any jobs created by the project;
and
‘‘(iii) the country in which the project
is located, and the economic sector involved
in the project.
No proprietary information may be disclosed
under this subparagraph.
‘‘(3) PROTECTION
OF
CERTAIN
INFORMA-
TION.—Paragraph (2) does not require the inclusion
in any information which would not be required to
be made available to the public pursuant to section
552 of title 5, United States Code (relating to free-
dom of information).
‘‘(b) MAINTENANCE
OF INFORMATION.—The Cor-
poration shall maintain as part of its records—
‘‘(1) all information collected in preparing the
report required by section 240A(c) of the Foreign
Assistance Act of 1961 (as in effect before the en-
actment of the Overseas Private Investment Cor-
poration Amendments Act of 1988), whether the in-
formation was collected by the Corporation itself or
by a contractor; and
‘‘(2) a copy of the analysis of each project ana-
lyzed in preparing the projections required by sub-
section (a)(2) or the report required by section
240A(c) of the Foreign Assistance Act of 1961 (as
in effect before the enactment of the Overseas Pri-
vate Investment Corporation Amendments Act of
1988).
‘‘SEC. 240. DEFINITIONS.
‘‘As used in this title, the following terms have the
following meanings:
‘‘(1) BOARD.—The term ‘Board’ means the
Board of Directors of the Corporation.
‘‘(2) CORPORATION.—The term ‘Corporation’
means the Overseas Private Investment Corporation.
‘‘(3) ELIGIBLE INVESTOR.—(A) The term ‘eligi-
ble investor’ means—
‘‘(i) a United States citizen;
‘‘(ii) a corporation, partnership, or other
association, including a nonprofit association,
which is created under the laws of the United
States, any State, the District of Columbia, or
any commonwealth, territory, or possession of
the United States, and which is substantially
beneficially owned by United States citizens;
and
‘‘(iii) a foreign corporation, partnership, or
other association which is wholly owned by one
or more United States citizens or corporations,
partnerships, or other associations described in
clause (ii), except that the eligibility of any such
foreign corporation shall be determined without
regard to any shares held by other than United
States citizens or corporations, partnerships, or
other associations described in clause (ii) if, in
the aggregate, such shares equal less than 5
percent of the total issued and subscribed share
capital of such foreign corporation.
‘‘(B) For purposes of this title—
‘‘(i) in the case of insurance or a guaran-
tee for any loan investment, a final determina-
tion of whether a person is an eligible investor
may be made at the time the insurance or guar-
antee is issued; and
‘‘(ii) in the case of insurance or a guaran-
tee for any other investment, an investor must
be an eligible investor at the time a claim arises
as well as the time the insurance or guarantee
is issued.
‘‘(4) EXPROPRIATION.—The term ‘expropria-
tion’ includes any abrogation, repudiation, or impair-
ment by a foreign government of its own contract
with an investor with respect to a project, where
such abrogation, repudiation, or impairment is not
caused by the investor’s own fault or misconduct,
and materially adversely affects the continued oper-
ation of the project.
‘‘(5) INVESTMENT.—The term ‘investment’ in-
cludes any contribution or commitment of funds,
commodities, services, patents, processes, or tech-
niques, in the form of—
‘‘(A) a loan or loans to an approved
project;
‘‘(B) the purchase of a share of ownership
in any such project;
‘‘(C) participation in royalties, earnings, or
profits of any such project; or
‘‘(D) the furnishing of commodities or
services pursuant to a lease or other contract.
‘‘(6) 
NONCREDIT
ACTIVITIES.—The 
term
‘noncredit activities’ means all activities of the Cor-
poration other than its direct loan program under
section 233(b)(1) and its guarantee program under
section 233(b)(3).
‘‘(7) PREDECESSOR GUARANTEE AUTHORITY.—
The term ‘predecessor guarantee authority’ means
prior guarantee authorities (other than housing
guarantee authorities) repealed by the Foreign As-
sistance Act of 1969, sections 202(b) and 413(b) of
the Mutual Security Act of 1954, and section
111(b)(3) of the Economic Cooperation Act of 1948,
(exclusive of authority relating to informational
media guarantees).’’.
TITLE II—TRADE AND
DEVELOPMENT AGENCY
SEC. 201. TRADE AND DEVELOPMENT AGENCY.
(a) PURPOSE.—Section 661(a) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2421(a)) is amended—
(1) in the first sentence, by inserting ‘‘inde-
pendent’’ before ‘‘agency’’; and
(2) in the second sentence, by striking ‘‘develop-
ment projects’’ and all that follows and inserting
‘‘developing and middle-income countries in ways
consistent with environmentally sound and broad-
based sustainable economic development.’’.
(b) AUTHORITY TO PROVIDE ASSISTANCE.—Section
661(b) of such Act (22 U.S.C. 2421(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘, including those in
which’’ and all that follows through ‘‘under part
I,’’; and
(B) by inserting ‘‘environmental assess-
ments,’’ after ‘‘engineering design,’’;
(2) in the first sentence of the matter preceding
subparagraph (A) of paragraph (2), by inserting
‘‘environmental assessments’’ after ‘‘to provide sup-
port for’’; and
(3) in paragraph (3)(B)—
(A) by striking ‘‘Other agencies of the
United States Government’’ and inserting
‘‘Other members of the Trade Promotion Co-
ordinating Committee’’; and
(B) by inserting ‘‘the Director of’’ before
‘‘the Trade and Development Agency’’.
(c) DIRECTOR AND PERSONNEL.—Section 661(c)(1)
of such Act (22 U.S.C. 2421(c)(1)) is amended—
(1) by striking ‘‘There shall be’’ and inserting
‘‘(A) There shall be’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Director shall report directly to the
President.’’.
(d) ANNUAL REPORT.—Section 661(d) of such Act
(22 U.S.C. 2421(d)) is amended by striking ‘‘President’’
and inserting ‘‘Director of the Trade and Development
Agency’’.
(e) FUNDING.—Section 661(f)(1) of such Act (22
U.S.C. 2421(f)(1)) is amended—
(1) by striking ‘‘There are authorized’’ and in-
serting ‘‘(A) There are authorized’’;
(2) by inserting ‘‘to the Trade and Development
Agency’’ after ‘‘to be appropriated’’;
(3) by striking ‘‘$55,000,000’’ and all that fol-
lows and inserting ‘‘such sums as are necessary for
fiscal years 1995 and 1996.’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B) Amounts appropriated pursuant to the au-
thorization of appropriations under subparagraph
(A) are authorized to remain available until ex-
pended.’’.
TITLE III—EXPORT PROMOTION
PROGRAMS 
WITHIN 
THE
INTERNATIONAL TRADE AD-
MINISTRATION
SEC. 301. EXPORT PROMOTION AUTHORIZATION.
Section 202 of the Export Administration Amend-
ments 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 De-
partment of Commerce to carry out export promotion pro-
grams such sums as are necessary for fiscal years 1995
and 1996.’’.
TITLE 
IV—PROMOTION 
OF
UNITED 
STATES 
ENVIRON-
MENTAL 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 ADVI-
SORY COMMITTEE.—Section 2313 of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4728) is amended—
(1) by striking subsection (d);
(2) by redesignating subsection (c) as sub-
section (e); and
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) ENVIRONMENTAL TECHNOLOGIES TRADE ADVI-
SORY COMMITTEE.—
‘‘(1) ESTABLISHMENT
AND
PURPOSE.—The
Secretary, in carrying out the duties of the chair-
person of the TPCC, shall establish the Environ-
mental Technologies Trade Advisory Committee
(hereafter in this section referred to as the ‘Commit-
tee’). The purpose of the Committee shall be to pro-
vide advice and guidance to the Working Group in
the development and administration of programs to
expand United States exports of environmental tech-
nologies, goods, and services.
‘‘(2) MEMBERSHIP.—The members of the Com-
mittee shall be drawn from representatives of—
‘‘(A) environmental businesses, including
small businesses;
‘‘(B) trade associations in the environ-
mental sector;
‘‘(C) private sector organizations involved
in the promotion of environmental exports;
‘‘(D) 
States 
(as 
defined 
in 
section
2301(i)(5)) and associations representing the
States; and
‘‘(E) other appropriate interested members
of the public.
The Secretary shall appoint as members of the Com-
mittee at least 1 individual under each of subpara-
graphs (A) through (E).
‘‘(d) EXPORT PLANS FOR PRIORITY COUNTRIES.—
‘‘(1) PRIORITY
COUNTRY
IDENTIFICATION.—
The Working Group, in consultation with the Com-
mittee, shall annually assess which foreign countries
have markets with the greatest potential for the ex-
port 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 relat-
ed to environmental exports.
‘‘(2) EXPORT PLANS.—The Working Group, in
consultation with the Committee, shall annually cre-
ate a plan for each priority country selected under
paragraph (1), setting forth in detail ways to in-
crease United States environmental exports to such
country. Each such plan shall—
‘‘(A) identify the primary public and pri-
vate sector opportunities for United States ex-
porters of environmental technologies, goods,
and services in the priority country;
‘‘(B) analyze the financing and other re-
quirements for major projects in the priority
country which will use environmental tech-
nologies, goods, and services, and analyze
whether such projects are dependent upon fi-
nancial assistance from foreign countries or
multilateral institutions; and
‘‘(C) list specific actions to be taken by the
member agencies of the Working Group to in-
crease United States exports to the priority
country.’’.
(b) ADDITIONAL MECHANISMS TO PROMOTE ENVI-
RONMENTAL EXPORTS.—Section 2313 of the Export En-
hancement 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 TECH-
NOLOGIES SPECIALISTS.—The Secretary shall assign
a specialist in environmental technologies to the of-
fice of the United States and Foreign Commercial
Service in each of the 5 priority countries selected
under subsection (d)(1), and the Secretary is author-
ized 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 Com-
merce Department, or a representative of the private
sector assigned to the Department of Commerce.
‘‘(2) 
DUTIES
OF
ENVIRONMENTAL
TECH-
NOLOGIES
SPECIALISTS.—Each specialist assigned
under paragraph (1) shall provide export promotion
assistance to United States environmental busi-
nesses, 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 ac-
tivities, and financing issues;
‘‘(B) providing assessments of assistance
by foreign governments that is provided to pro-
ducers of environmental technologies, goods,
and services in such countries in order to en-
hance exports to the country to which the spe-
cialist is assigned, the effectiveness of such as-
sistance 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 environ-
mental 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 nec-
essary business services in the country to which
the specialist is assigned;
‘‘(F) providing information on environ-
mental standards and regulations in the coun-
try to which the specialist is assigned; and
‘‘(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.
‘‘(g) ENVIRONMENTAL
TRAINING
IN
ONE-STOP
SHOPS.—In addition to the training provided under sub-
section (f)(2)(C), the Secretary shall establish a mecha-
nism 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 en-
vironmental marketplace, and ensure that such officers re-
ceive appropriate training under such mechanism. Such
training may be provided by officers or employees of the
Department of Commerce, and other United States Gov-
ernment departments and agencies, with appropriate ex-
pertise in environmental technologies and the international
environmental workplace, and by appropriate representa-
tives of the private sector.
‘‘(h) INTERNATIONAL REGIONAL ENVIRONMENTAL
INITIATIVES.—
‘‘(1) ESTABLISHMENT
OF
INITIATIVES.—The
TPCC shall establish one or more international re-
gional environmental initiatives the purpose of which
shall be to coordinate the activities of Federal de-
partments and agencies in order to build environ-
mental partnerships between the United States and
the geographic region outside the United States for
which such initiative is established. Such partner-
ships shall enhance environmental protection and
promote sustainable development by using in the re-
gion technical expertise and financial resources of
United States departments and agencies that pro-
vide foreign assistance and by expanding United
States exports of environmental technologies, goods,
and services to that region.
‘‘(2) ACTIVITIES.—In carrying out each inter-
national regional environmental initiative, the TPCC
shall—
‘‘(A) support, through the provision of for-
eign assistance, the development of sound envi-
ronmental policies and practices in countries in
the geographic region for which the initiative is
established, including the development of envi-
ronmentally sound regulatory regimes and en-
forcement mechanisms;
‘‘(B) identify and disseminate to United
States environmental businesses information re-
garding specific environmental business oppor-
tunities in that geographic region;
‘‘(C) coordinate existing Federal efforts to
promote environmental exports to that geo-
graphic 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 tech-
nologies, 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 en-
vironmental businesses seeking market opportu-
nities in that geographic region.
‘‘(i) ENVIRONMENTAL TECHNOLOGIES PROJECT AD-
VOCACY CALENDAR AND INFORMATION DISSEMINATION
PROGRAM.—The Working Group shall maintain a cal-
endar, 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 be made available to the public. Such calendar
shall—
‘‘(1) identify the 50 to 100 environmental infra-
structure and procurement projects in foreign mar-
kets that have the greatest potential in the calendar
quarter for United States exports of environmental
technologies, goods, and services; and
‘‘(2) include trade promotion events, such as
trade missions and trade fairs, in the environmental
sector.
The Working Group shall also provide, through the Na-
tional Trade Data Bank and other information dissemina-
tion channels, information on opportunities for environ-
mental businesses in foreign markets and information on
Federal export promotion programs.
‘‘(j) REGIONAL CENTERS.—The Secretary, through
the Assistant Secretary of Commerce and Director Gen-
eral of the United States and Foreign Commercial Service,
is authorized to provide matching funds for the establish-
ment in the United States of regional environmental busi-
ness and technology cooperation centers that will draw
upon the expertise of the private sector and institutions
of higher education and existing Federal programs to pro-
vide export promotion assistance related to environmental
technologies, goods, and services.
‘‘(k) DEFINITION.—For purposes of this section, the
term ‘environmental business’ means a business that pro-
duces environmental technologies, goods, or services.’’.
TITLE V—INTERNATIONAL PRO-
TECTION OF INTELLECTUAL
PROPERTY
SEC. 501. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—In carrying out part I of the For-
eign Assistance Act of 1961 and other relevant foreign as-
sistance laws, the President, acting through the Adminis-
trator of the United States Agency for International De-
velopment, shall establish a program of training and other
technical assistance to assist foreign countries in—
(1) developing and strengthening laws and reg-
ulations to protect intellectual property; and
(2) developing the infrastructure necessary to
implement and enforce such laws and regulations.
(b) PARTICIPATION OF OTHER AGENCIES.—The Ad-
ministrator 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 sec-
tion;
(2) shall coordinate assistance under this sec-
tion with efforts of other agencies of the United
States Government to increase international protec-
tion of intellectual property, including implementa-
tion of international agreements containing high lev-
els 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.
Passed the House of Representatives September19,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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