Export Enhancement Act of 1999
PL 106-158 (H.R.3381), enacted 12/09/1999

PUBLIC LAW 106-158—DEC. 9, 1999 
113 STAT. 1745 
Public Law 106-158 
106th Congress 
An Act 
To reauthorize 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 assembled, 
Dec. 9, 1999 
[H.R. 3381] 
SECTION 1. SHORT TITLE. 
Export 
Enhancement 
Act of 1999. 
22 u s e 2151 
This Act may be cited as the "Export Enhancement Act of note. 
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 23 lA 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 sub-
section: 
"(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 unprece-
dented, unless for at least 60 days before the date of the vote— 
"(1) an environmental impact assessment or initial environ-
mental audit, analyzing the environmental impacts of the pro-
posed 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 organiza-
tions."; 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) In conjunction with each meeting of its Board of Directors, Pubhc hearing, 
the Corporation shall hold a public hearing in order to afford 
an opportunity for any person to present views regarding the activi-
ties of the Corporation. Such views shall be made part of the 
record.". 
113 STAT. 1746 
PUBLIC LAW 106-158—DEC. 9, 1999 
22 use 2191a 
note. 
15 use 4727a. 
(b) EFFECTIVE DATE.—^The 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 Develop-
ment, 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, telecommuni-
cations, 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 Develop-
ment 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. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC. 
The Trade Promotion Coordinating Committee shall— 
PUBLIC LAW 106-158—DEC. 9, 1999 
113 STAT. 1747 
(1) report on the actions taken or efforts currently under-
way 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 estab-
lished trade promotion offices; 
(4) 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) by not later than March 30, 2000, and annually there-
after, 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,". 
Reports. 
Reports. 
Deadline. 
Reports. 
Approved December 9, 1999. 
LEGISLATIVE HISTORY—H.R. 3381: 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Nov. 17, considered and passed House. 
Nov. 19, considered and passed Senate.