Export Enhancement Act of 1992
PL 102-429 (H.R.5739), enacted 10/21/1992

106 STAT. 2186 
PUBLIC LAW 102-429—OCT. 21, 1992 
Public Law 102-429 
102d Congress 
An Act 
Oct. 21,1992 
[H.R. 5739] 
To reauthorize the Export-Import Bank of the United States. 
Be it enacted by the Senate and House of Representatives of 
Export 
the United States of 
America in Congress assembled, 
Enheuicement 
Act of 1992. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
12 use 635 note. 
(a) SHORT TiTLE.—This Act may be cited as the "Export 
Enhancement Act of 1992". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
TITLE I—REAUTHORIZATION OF E X P O R T - I M P O R T BANK 
Sec. 101. Declaration of policjr. 
Sec. 102. Extension of authority. 
Sec. 103. Tied aid credit fund extension. 
Sec. 104. Use of loan guarantees. 
Sec. 105. Expanded use of loan guarantees. 
Sec. 106. Environmental policy. 
Sec. 107. Insurance-related business stemming from Bank activities. 
Sec. 108. Debt reduction; enterprise for the Americas initiative. 
Sec. 109. Increase in aggregate loan, guarantee, and insurance authority. 
Sec. 110. Limitation on financing for certain countries. 
Sec. 111. Conditional allowance of assistance for exports to Angola. 
Sec. 112. Financing of sales of defense articles or services. 
Sec. 113. Increase m advisory committee membership. 
Sec. 114. Financing of high technology exports to emerging democracies. 
Sec. 115. Cooperation on export financing programs. 
Sec. 116. Assistance for exports by smallbusinesses. 
Sec. 117. Compensation of em^oyees. 
Sec. 118. Report on regional omces. 
Sec. 119. Report on financing of services. 
Sec. 120. Report on demand for trade finance for the Baltic States, the independent 
states of the former Soviet Union, and Central and Eastern Europe. 
Sec. 121. Elimination of outdated provisions. 
TITLE II—EXPORT PROMOTION 
Sec. 201. Trade Promotion Coordinating Committee. 
Sec. 202. One-stop shops. 
Sec. 203. Commercial Service cooperation in Federal financing and insurance pro-
grams. 
Sec. 204. Environmental trade promotion. 
Sec. 205. Rank of Commercial Service officers. 
Sec. 206. Report on export policy. 
Sec. 207. Provisional repeal of amendments. 
Sec. 208. Export promotion authorization. 
TITLE III—MISCELLANEOUS 
Sec. 301. John Heinz Competitive Excellence Award. 
TITLE I—REAUTHORIZATION OF 
EXPORT-IMPORT BANK 
12 u s e 635 note. SEC. 101. DECLARATION OF POUCY. 
The Congress finds that— 
(1) as the world's largest economy, the United States has 
an enormous stake in the future of the global trading system; 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2187 
(2) exports are a crucial force driving the United States 
economy; 
(3) during 1991, the value of United States exports 
increased 
by 
7.1 
percent 
from 
the 
1990 
level 
to 
$421,600,000,000, supporting more than 7,000,000 full-time 
United States jobs, and affecting the lives of all of the people 
of the United States; 
(4) exports also support the global strategic position of 
the United States; 
(5) a significant part of a coimtry's influence is drawn 
from the reputation of its goods, its industrial connections 
with other countries, and the capital it has available for invest-
ment, and trade finance is a critical component of this equation; 
(6) the growth in United States exports has increased the 
demand for financing from the Export-Import Bank of the 
United States; 
(7) during 1991, the value of exports assisted by the Export-
Import Bank rose 28.7 percent, from $9,700,000,000 to 
$12,100,000,000, the highest level since 1981; 
(8) the Export-Import Bank used its entire budget authority 
provided for 1991, and still could not meet all of the demand 
for its financing assistance; and 
(9) accordingly, the charter of the Export-Import Bank, 
which is scheduled to expire on September 30, 1992, must 
be renewed in order that the Bank continue to arrange competi-
tive and innovative financing for the foreign sales of United 
States exporters. 
SEC. 102. EXTENSION OF AUTHORITY. 
Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 
635f) is amended by striking "1992" and inserting "1997". 
SEC. 103. TIED AID CREDIT FUND EXTENSION. 
(a) IN GENERAL.—Section 15(cX2) of the Export-Import Bank 
Act of 1945 (12 U.S.C. 635i-3(cX2)) is amended by striking "fiscal 
year 1992" and inserting "September 30, 1995". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 15(e) of the 
Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(e)) is amended 
to read as follows: 
"(e) AUTHORIZATION.—^There are authorized to be appropriated 
to the Fund $500,000,000 for each of fiscal years 1993, 1994, and 
1995. 
Such sums are authorized to remain available until 
expended.". 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 15 of 
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3) is 
amended— 
(1) by striking "predacious" each place such term appears 
and inserting "predatorjr"; 
(2) in subsection (aX5)— 
(A) by striking "temporary**; and 
(B) by striking "existing arrangement" and inserting 
"existing Arrangement"; 
(3) in subsection (bXl)^ 
(A) by striking "To carry out the purposes of subsection 
(aX5), the" and inserting "The"; 
(B) in subparagraph (A), by inserting before the semi-
colon the foUoMdng: "and with special attention to matching 
106 STAT. 2188 
PUBLIC LAW 102-429—OCT. 21, 1992 
tied aid and partially untied aid credits extended by other 
governments— 
"(i) in violation of the Arrangement; or 
"(ii) in cases in which the Bank determines that 
United States trade or economic interests justify the 
matching of tied aid credits extended in compliance 
with the Arrangement, including grandfathered cases"; 
and 
(C) in subparagraph (B), by striking "partially untied 
aid credits; and" and all that follows through the end 
of clause (ii), and inserting the following: "partially untied 
aid credits, and impedes negotiations or violates agree-
ments on tied aid to eliminate the use of such credits 
for commercial purposes; or 
"(ii) engages in predatory financing practices that 
seek to circimivent international agreements on tied 
aid; or"; 
(4) in subsection (bX2)(A), by striking "of the Treasury"; 
(5) in subsection (bX2)(B), by striking "private financial 
institutions or entities" and inserting "United States exporters 
and private financial institutions or entities, and in consvUtation 
with other Federal agencies"; 
(6) in subsection (bX4), by adding at the end the following: 
"The Bank shall also request and take into consideration the 
views of the private sector on principal sectors and key markets 
of countries described in paragraph (IXB)."; 
(7) by amending paragraphs (1) and (2) of subsection (g) 
to read as follows: 
Reports 
«(1) IN GENERAL.—On or before October 15,1992, and every 
6 months there£ifter, the Bank, in consultation with the Sec-
retary, shall submit a report on tied aid credits to the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Banking, Finance and Urban Affairs 
of the House of Representatives. 
"(2) CONTENTS OF REPORTS.—^Each report required under 
paragraph (1) shall contain a description of— 
"(A) the implementation of the Arrangement restricting 
tied aid and partially untied aid credits for commercial 
piu^oses, including the operation of notification and con-
sultation procedures; 
"(B) all principal offers of tied aid credit financing 
by foreign coiuitries during the previous 6-month period, 
including all offers notified by countries participating in 
the Arrangement, and in particular— 
"(i) offers grandfathered under the Arrangement; 
and 
"(ii) notifications of exceptions under the Arrange-
ment; 
"(C) any use by the Bank of the Tied Aid Credit Fund 
to match specific offers, including those that are grand-
fathered or exceptions under the Anrangement; and 
"(D) other actions by the United States Government 
to combat predatory financing practices by foreign govern-
ments, including additional negotiations among participat-
ing governments in the Arrangement."; and 
(8) in subsection (h)— 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2189 
(A) by striking "For the purpose of this section—" 
and inserting "For purposes of this section, the following 
definitions shall apply:"; and 
(B) by adding at the end the following new paragraph: 
"(6) OFFERS GRANDFATHERED UNDER THE ARRANGEMENT.— 
The term 'offers 
grandfathered 
under the 
Arrangement' 
means— 
"(A) financing offers made or lines of credit extended 
on or before February 15,1992; or 
"(B) financing oners extended for subloans under lines 
of credit referred to in subparagraph (A) made on or before 
August 15, 1992, or, in the case of Mexico, on or before 
December 31,1992.". 
SEC. 104. USE OF LOAN GUARANTEES. 
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)(B)) is amended in the fifl;h sentence by inserting 
after the first semicolon the following: "that the Bank, in determin-
ing whether to provide support for a transaction imder the loan, 
guarantee, or insurance program, or any combination thereof, shall 
consider the need to involve private capital in support of United 
States exports as well as the cost of the transaction as calculated 
in accordance with the requirements of the Federal Credit Reform 
Act of 1990;". 
SEC. 105. EXPANDED USE OF LOAN GUARANTEES. 
Section 2(cX3) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(c)(3)) is amended— 
(1) by striking "With" and inserting the following: 
"(A) IN GENERAL.—With"; and 
(2) by adding at the end the following new subparagraph: 
"(B) GUARANTEE COVERAGE.—For the guarantee pro-
gram provided for in this subsection, the Bank may provide 
up to 100 percent coverage of the interest and principal 
if the Board of Directors determines such coverage to be 
necessary to ensure acceptance of Bank guarantees by 
financial institutions for any transaction in any export 
market in which the Bank is open for business.". 
SEC. 106. ENVIRONMENTAL POUCY. 
The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) 
is amended by adding at the end the following new section: 
"SEC. 17. ENVIRONMENTAL POLICY AND PROCEDURES. 
12 USC 635i-5. 
"(a) ENVIRONMENTAL EFFECTS CONSIDERATION.— 
"(1) IN GENERAL.—Consistent with the objectives of section 
2(bXl)(A), the Bank shall establish procedures to take into 
accoimt the potential beneficial and adverse environmental 
effects of goods and services for which support is requested 
under its direct lending £ind guarantee programs. Such proce-
dures shall apply to any transaction involving a project— 
"(A) for which long-term support of $10,000,000 or 
more is requested 
fi*om 
the Bank; 
"(B) for which the Bank's support would be critical 
to its implementation; and 
"(C) which may have significant environmental effects 
upon the global commons or any country not participating 
in the project, or may produce an emission, an effluent, 
106 STAT. 2190 
PUBLIC LAW 102-429—OCT. 21, 1992 
or a principal product that is prohibited or strictly regu-
lated pursuant to Federal environmental law. 
"(2) AUTHORITY TO WITHHOLD FINANCING.—^The procedures 
established under paragraph (1) shall permit the Board of 
Directors, in its judgment, to withhold financing from a project 
for environmental reasons or to approve financing after consid-
ering the potential environmental effects of a project. 
"(b) 
USE OF BANK PROGRAMS To 
ENCOURAGE CERTAIN 
EXPORTS.—^The Bank shall encourage the use of its programs to 
support the export of goods and services that have beneficial effects 
on the environment or mitigate potential adverse environmental 
effects. The Board of Directors shall name an officer of the Bank 
to advise the Board on ways that the Bank's programs can be 
used to support the export of such goods and services. The officer 
shall act as liaison between the Bank and other Federal Government 
agencies, including the agencies whose representatives are members 
of the Environmental Trade Promotion Working Group of the Trade 
Promotion Coordinating Committee, with respect to overall United 
States Government policy on the environment. 
"(c) INCLUSION IN REPORT TO CONGRESS.—The Bank shall pro-
vide in its annual report to the Congress a summary of its activities 
under subsections (a) and (b). 
"(d) INTERPRETATION.—^Nothing in this section shall be con-
strued to create any cause of action.". 
SEC. 107. INSURANCE-RELATED BUSINESS STEMMING FROM BANK 
ACTIVITIES. 
Section 2(d) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(d)) is amended by striking paragraphs (2) and (3) and inserting 
after paragraph (1) the following: 
"(2) COMPETITIVE OPPORTUNITY FOR INSURANCE COMPANIES.— 
In the case of any long-term loan or guarantee of not less than 
$10,000,000, the Bank shall seek to ensure that United States 
insurance companies are accorded a fair and open competitive 
opportunity to provide insurance against risk of loss in connection 
with any transaction with respect to which such loan or guarantee 
is provided. 
"(3) RESPONSIVE ACTIONS.—If the Bank becomes aware that 
a fair and open competitive opportunity is not accorded to any 
United States insurance company in a foreign country with respect 
to which the Bank is considering a loan or guarantee, the Bank— 
"(A)/may approve or (^ny the loan or guarantee after 
considering whether such action would be likely to achieve 
competitive access for United States insurance companies; and 
"(B) shall forward information regarding any foreign coun-
try that denies United States insurance companies a fair and 
open competitive opportunity to the Secretary of Commerce 
and to the United States Trade Representative for consideration 
of a recommendation to the President that access by such 
country to export credit of the United States should be 
restricted. 
"(4) NOTICE OF APPROVAL.—^If the Bank approves a loan or 
guarantee with respect to a foreign country notwithstanding 
information regarding denial by that foreign country of competitive 
opportimities for United States insurance companies, the Bank 
shall include notice of such approval and the reason for such 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2191 
approval in the report on competition in officially supported export 
credit required under subsection (b)(lXA). 
"(5) DEFINITIONS.—For purposes of this section— 
"(A) the term 'United States insur£uice companjr*— 
"(i) includes an individual, partnership, corporation, 
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 contracts or reinsuring the risk under-
written by insurance companies; and 
"(ii) includes foreign operations, branches, agencies, 
subsidiaries, affiliates, or joint ventures of any entity 
described in clause (i); and 
"(B) the term 'fair and open competitive opportimity* means, 
with respect to the provision of insurance by a United States 
insurance company, that the company— 
"(i) has received notice of the opportunity to provide 
such insurance; and 
"(ii) has been evaluated for such opportunity on a 
nondiscriminatory basis.". 
SEC. 108. DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INITIA-
TIVE. 
The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) 
is amended by adding at the end the following new section: 
"SEC. 18. DEBT REDUCTION; ENTERPRISE FOR THE AMERICAS INTTIA- 
12 USC 635i-6. 
TIVE. 
"(a) DEFINITIONS.—For purposes of this section— 
"(1) the term 'eligible country* means a country designated 
by the President in accordance with section (b); 
"(2) the term 'Facilitjr' means the entity established in 
the Department of the Treasury by section 601 of the Agricul-
tural Trade Development and Assistance Act of 1954; and 
"(3) the term 'IMF' means the International Monetary 
Fund. 
"(b) ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.— 
"(1) REQUIREMENTS.—^To be eligible for benefits from the 
Facility imder this section, a country must— 
"(A) be a Latin American or Caribbean country; 
"(B) have in effect, have received approval for, or, 
as appropriate in exceptional circumstances, be making 
significant progress toward— 
"(i) an IMF standby arrangement, extended IMF 
arrangement, or an arrangement under the structural 
adjustment facility or enhanced structural adjustment 
facility or, in exceptional circumstances, an IMF mon-
itored program or its equivalent; and 
"(ii) as appropriate, structural or sectoral adjust-
ment 
loans 
from 
the 
International 
Bank 
for 
Reconstruction and Development or the International 
Development Association; 
"(C) have put in place major investment reforms in 
conjunction with an Inter-American Development Bank 
loan or otherwise be implementing, or making significant 
progress toward, an open investment regime; and 
106 STAT. 2192 
PUBLIC LAW 102-429—OCT. 21, 1992 
"(D) if appropriate, have agreed with its commercial 
bank lenders on a satisfactory financing program, includ-
ing, as appropriate, debt or debt service reduction. 
President. 
"(2) ELIGIBILITY DETERMINATIONS.—The President shall 
determine whether a country is an eligible country for purposes 
of paragraph (1). 
"(c) 
LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLA-
TION.— 
"(1) 
AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN 
LOANS.—Notwithstanding any other provision of law, the Presi-
dent may, in accordance with this section, sell to any eligible 
purchaser any loan or portion thereof made before January 
1, 1992, to any eligible country or any agency thereof pursuant 
to this Act, or, on receipt of payment from an eligible purchaser, 
reduce or cancel sucn loan or portion thereof, only for the 
purpose of facilitating— 
"(A) 
debt-ior-equity 
swaps, 
debt-for-development 
swaps, or debt-for-nature swaps; or 
"(B) a debt buy-back by an eligible country of its own 
qualified debt, only if the eligible country uses an additional 
amount of the local currency of the eligible countnr, equal 
to not less than 40 percent of the price paid ror such 
debt by such eligible country, or the difference between 
the price paid for such debt and the face value of such 
debt, to support activities that link conservation and 
sustainable use of natural resources with local community 
development, and child survival and other child develop-
ment, activities, in a manner consistent with sections 607 
through 612 of the Agricultural Trade Development and 
Assistance Act of 1954, 
if the sale, reduction, or cancellation would not contravene 
any term or condition of any prior agreement relating to such 
loan. 
President. 
"(2) TERMS AND CONDITIONS.—^Notwithstanding any other 
provision of law, the President shall, in accordance with this 
section, establish the terms and conditions under which loans 
may be sold, reduced, or canceled pursuant to this section. 
"(3) TREATMENT UNDER SECURITIES LAWS.—The filing of 
a registration statement under the Securities Act of 1933 shall 
not be required with respect to the sale or offer for sale by 
the Bank of a loan or any interest therein pursuant to this 
section. For purposes of the Securities Act of 1933, the Bank 
shall not be deemed to be an issuer or underwriter with respect 
to any subsequent sale or other disposition of such loan (or 
any interest therein) or any security received by an eligible 
purchaser pursuant to any debt-for-equity swap, debt-for-devel-
opment swap, or debt-for-nature swap. 
"(4) ADMINISTRATION.—The Facility shall notify the Bank 
of purchasers that the President has determined to be eligible, 
and shall direct the Bank to carry out the sale, reduction, 
or cancellation of a loan pursuant to this section. The Bank 
shall make an adjustment in its accounts to reflect the sale, 
reduction, or cancellation. 
"(5) LIMITATIONS.—^The authorities of this subsection may 
be exercised only to such extent as provided for in advance 
in appropriations Acts, as necessary to implement the Federal 
Credit Reform Act of 1990. 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2193 
"(d) DEPOSIT OF PROCEEDS.—^The proceeds from the sale, reduc-
tion, or cancellation of any loan sold, reduced, or canceled pursuant 
to this section shall be deposited in the United States Grovemment 
account or accounts established for the repayment of such loan. 
"(e) ELIGIBLE PURCHASERS.—^A loan may be sold pursuant to 
subsection (c)(1)(A) only to a purchaser who presents plans satisfac-
tory to the President for using the loan for the purpose of engaging 
in debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps. 
"(f) DEBTOR CONSULTATION.—Before the sale to any eligible President, 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President shall consult 
with the country concerning the amoimt of loans to be sold, reduced, 
or canceled and their uses for debt-for-equity swaps, debt-for-devel-
opment swaps, or debt-for-nature swaps. 
"(g) AUTHORIZATION OF APPROPRIATIONS.—For the sale, reduc-
tion, and cancellation of loans or portions thereof pursuant to this 
section, there are authorized to be appropriated to the President 
such sums as may be necessary, which are authorized to remain 
available until expended.". 
SEC. 109. INCREASE IN AGGREGATE LOAN, GUARANTEE, AND INSUR-
ANCE AUTHORITY. 
(a) FEES AND PREMIUMS.—Section 2(c)(1) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635(c)(1)) is amended to read as 
follows: 
"(1) The Bank shall charge fees and premiums commensurate, 
in the judgment of the Bank, with risks covered in connection 
with the contractual liability that the Bank incurs for guarantees, 
insurance, coinsurance, and reinsurance against political and credit 
risks of loss.". 
(b) AGGREGATE AUTHORITY.—Section 7 of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635e) is amended— 
(1) by striking "SEC. 7. (a)(1)" and inserting the following! 
"SEC. 7. AGGREGATE LOAN, GUARANTEE, AND INSURANCE AUTHORITY. 
"(a) LIMITATION ON OUTSTANDING AMOUNTS.—"; 
(2) in subsection (a)— 
(A) by striking paragraph (3); and 
(B) by striking 
"$40,000,000,000" and inserting 
"$75,000,000,000"; and 
(3) in subsection (a)(2)— 
(A) by striking "(2)(A)(i)" and inserting the following: 
"(b) PRESIDENTIAL DETERMINATION.— 
"(1) IN GENERAL.—"; 
(B) by striking "(I)" and inserting "(A)"; 
(C) by striking "(II)" and inserting "(B)"; 
(D) by striking "(III)" and inserting "(C)"; 
(E) by striking "(ii) Not later than" and inserting the 
following: 
"(2) REPORT.—Not later than"; 
(F) by striking "(BXi)" and inserting the following: 
"(3) REQUEST FOR LEGISLATION.— 
"(A) IN GENERAL.—"; and 
(G) by striking "(ii)" and inserting the following: 
"(B) CONTINUED AVAILABILITY OF AUTHORITY.—". 
106 STAT. 2194 
PUBLIC LAW 102-429—OCT. 21, 1992 
SEC. 110. LIMITATION ON FINANCING FOR CERTAIN COUNTRIES. 
Section 2(b)(2)(B) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(2XB)) is amended to read as follows: 
"(B) MARXIST-LENINIST COUNTRY DEFINED.— 
"(i) IN GENERAL.—^For purposes of this paragraph, 
the term 'Marxist-Leninist country* means any country 
that maintains a centrally planned economy based on 
the principles of Marxism-Leninism, or is economically 
and militarily dependent on any other such country. 
"(ii) SPECIFIC COUNTRIES DEEMED TO BE MARXIST-
LENINIST.—^Unless otherwise determined by the Presi-
dent in accordance with subparagraph (C), the follow-
ing countries are deemed to be Marxist-Leninist 
countries for purposes of this paragraph: 
"(I) Cambodian People's Itepublic. 
"(II) Democratic People's Republic of Korea. 
"(Ill) Democratic Republic of Afghanistan. 
"(IV) Lao People's Democratic Republic. 
"(V) People's Republic of China. 
"(VI) Republic of Cuba. 
"(VII) Socialist Federal Republic of Yugoslavia. 
"(VIII) Socialist Republic of Vietnam. 
"(IX) Tibet.". 
SEC. 111. CONDITIONAL ALLOWANCE OF ASSISTANCE FOR EXPORTS 
TO ANGOLA. 
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)) is amended— 
(1) by striking paragraph (11) and redesignating paragraph 
(12) as paragraph (11); and 
(2) in paragraph (11), as redesignated, by striking "Notwith-
standing any determination by the President under paragraph 
(2) or (11), the" and inserting "The". 
SEC. 112. FINANCING OF SALES OF DEFENSE ARTICLES OR SERVICES. 
(a) EXTENSION OF AUTHORITY.—Section 2(bX6)(B) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635(b)(6)(B)) is amended— 
(1) in clause (iv), by inserting "and" at the end; 
(2) in clause (v), by striking "; and" and inserting a period; 
and 
(3) by striking clause (vi). 
(b) ADDITIONAL CRITERIA FOR NATIONAL INTEREST WAIVER.— 
Section 2(b)(6)(D)(i) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(6)(DXi)) is amended— 
(1) by strildng "and" at the end of subclause (I); 
(2) by redesignating subclause (II) as subclause (III); and 
(3) by inserting after subclause (I) the following: 
President. 
"(II) the President determines, after consultation with the 
Assistant Secretary of State for Human Rights and Humani-
tarian Affairs, that the purchasing country has complied with 
all restrictions imposed by the United States on the end use 
of any defense articles or services for which a guarantee or 
insurance was provided under subparagraph (B), and has not 
used any such defense articles or services to engage in a consist-
ent pattern of gross violations of internationally recognized 
human rights; and". 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2195 
(c) REPORT.—Section 2(bX6) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(bX6) is amended by adding at the end 
the following new subparagraph: 
"(H) Once in each calendar quarter, the Bank shall submit 
a report to the Committee on Banking, Housing, and Urban Affairs 
of the Senate, and the Committee on Banking, Finance and Urban 
Affairs of the House of Representatives on all instances in which 
the Bank, during the reporting quarter, guaranteed, insured, or 
extended credit or participated in an extension of credit in connec-
tion with any credit sale of an article, service, or related technical 
data described in subparagraph (G) that the Bank determined would 
not be put to a military use. Such report shall include a description 
of each of the transactions and the justification for the Bank's 
actions.". 
(d) CONFORMING AMENDMENTS.—Section 2(bX6) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635(bX6)) is amended— 
(1) in subparagraph (A), by striking "designated under" 
and all that follows through the end of the subparagraph and 
inserting a period; 
(2) in subparagraph (B)— 
(A) by striking ", and section 32 of the Arms Export 
Control Act,"; and 
(B) in clause (v), by striking "and services" and insert-
ing "or services"; 
(3) in subparagraph (DXiXHI), as redesignated by sub-
section (b) of this section, by striking "determination has" and 
inserting "determinations have"; 
(4) in subparagraph (DXii), by striking "sentence" and 
inserting "clause"; and 
(5) in subparagraph (G), by striking "and services" and 
inserting "or services". 
(e) REPEAL.—Section 32 of the Arms Export Control Act (22 
U.S.C. 2772) is repealed. 
SEC. 113. INCREASE IN ADVISORY COMMITTEE MEMBERSHIP. 
Section 3(d)(1)(A) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635a(d)(l)(A)) is amended by striking "twelve" and inserting 
"15". 
SEC. 114. FINANCING OF HIGH TECHNOLOGY EXPORTS TO EMERGING 
DEMOCRACIES. 
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635(b)(1)) is amended by adding at the end the following: 
"(H)(i) It is further the policy of the United States to foster 
the development of democratic institutions and market economies 
in countries seeking such development, and to assist the export 
of high technology items to such countries. 
"(ii) In exercising its authority, the Bank shall develop a pro-
gram for providing guarantees and insurance with respect to the 
export of high technology items to countries making the transition 
to market based economies, including eligible East European coun-
tries (within the meaning of section 4 of the Support For East 
European Democracy (SEED) Act of 1989). 
(iii) As part of the ongoing marketing and outreach efforts 
of the Bank, the Bank shall, to the maximum extent practicable, 
inform high technology companies, particularly small business con-
cerns (as such term is defined in section 3 of the Small Business 
Act), about the programs of the Bank for United States companies 
106 STAT. 2196 
PUBLIC LAW 102-429—OCT. 21, 1992 
interested in exporting high technology goods to countries making 
the transition to market based economies, including any eligible 
East European country (within the meaning of section 4 of the 
Support For East European Democracy (SEED) Act of 1989). 
"(iv) In canying out clause (iii), the Bank shsdl— 
''(I) work with other agencies involved in export promotion 
and fin£uice; and 
"(II) invite State and local governments, trade centers, 
commercial banks, and other appropriate public and private 
organizations to serve as intermediaries for the outreach 
efforts.". 
SEC. 115. COOPERATION ON EXPORT FINANCING PROGRAMS. 
The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) 
is amended by adding at the end the following new section: 
12 use 635i-7. 
'<SEC. 19. COOPERATION ON EXPORT FINANCING PROGRAMS. 
"The Bank shall, subject to appropriate memoranda of 
understanding— 
"(1) provide complete and current information on all of 
its programs and financing practices to— 
"(A) the Small Business Administration and other Fed-
eral agencies involved in promoting exports and marketing 
export financing programs; and 
"(B) State and local export financing orgsuiizations that 
indicate a desire to participate in export promotion; and 
"(2) consistent with the provisions of section 2301(fK2) of 
the Export Enhsuicement Act of 1988, undertake a program 
to provide training for personnel designated in such memoranda 
with respect to such financing programs.". 
SEC. 116. ASSISTANCE FOR EXPORTS BY SMALL BUSINESSES. 
Section 2(bXlXEXv) of the Export-Import Bank Act of 1945 
(12 U.S.C. 635(bXlXEXv)) is amended by inserting "directly" afler 
"exports". 
12 use 635a 
SEC. 117. COMPENSATION OF EMPLOYEES. 
(a) IN GENERAL.—^The Board of Directors of the Export-Import 
Bank of the United States may compensate not more than 35 
employees of the Bank without regard to the provisions of chapter 
51 or subchapter III or VIII of chapter 53 of title 5, United States 
Code. 
(b) SUNSET.—^Effective 2 years afler the date of enactment 
of this Act, subsection (a) is hereby repealed. 
(c) REPORT.—^Not later than 1 year after the date of enactment 
of this Act, the Export-Import Bank of the United States shall 
submit a report to the Congress on— 
(1) the recruitment and employee retention problems of 
the Bank; 
(2) any relief from such problems afforded by the Office 
of Personnel Management; 
(3) any use of the authority provided in subsection (a); 
£ind 
(4) the conclusions and recommendations of the Bank with 
respect t o ^ 
(A) whether such problems have been satisfactorily 
addressed; and 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2197 
(B) whether or not the authority of subsection (a) 
should be extended. 
SEC. 118. REPORT ON REGIONAL OFFICES. 
12 USC 635a 
Not later than 1 year after the date of enactment of this 
Act, the Export-Import Bank of the United States shall submit 
a report to the Committee on Banking, Finance and Urban AfTairs 
of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate on the Bank's plan 
to establish and operate regional ofiices. In addition, the report 
shall consider the appropriateness of cooperating with other Federal 
agencies and State and local organizations in co-locating personnel 
of such agencies and organizations with personnel of the Bank 
in such regional oftices. 
SEC. 119. REPORT ON FINANCING OF SERVICES. 
12 USC 635 note. 
(a) REPORT.—^Not later than 1 year after the date of enactment 
of this Act, the Export-Import Bank of the United States (in this 
section referred to as the "Bank") shall submit a report to the 
Committee on Banking, Finance and Urban Affairs and the Commit-
tee on Foreign Affairs of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate 
on ways of faciUtating the export financing of high technology 
services. 
(b) CONTENTS.—^The report required by subsection (a) shall 
include— 
(1) an analysis of the current export financing needs of 
firms dealing in nigh technology services; 
(2) an identification of the export financing support pro-
vided by commercial lenders to finance the sale of high tech-
nology services; 
(3) an identification of the official export credit programs 
in support of such exports of countries that are msgor partici-
pants in the Organization for Economic Cooperation and Devel-
opment; and 
(4) a review of the programs of the Bank to determine 
how it can meet identified market needs of firms dealing in 
high technology services. 
(c) DEFINITION.—^For puri>08es of this section, the term **high 
technology services" means industries in which above average 
percentages of scientists and engineers are employed, and which 
have the highest direct research and development expenditures 
per dollar of sales, including— 
(1) computer programming and software services; 
(2) data processing services; and 
(3) computer related services. 
SEC. 120. REPORT ON DEMAND FOR TRADE FINANCE FOR THE BALTIC 
12 USC 635 note. 
STATES, THE INDEPENDENT STATES OF THE FORMER 
SOVIET UNION, AND CENTRAL AND EASTERN EUROPE. 
(a) FINDINGS.—The Congress finds that^-
(1) United States export participation in the emerging mar-
kets in the independent States of the former Soviet Union, 
Central and Eastern Europe, and the Baltic States holds defi-
nite potential for preserving and creating jobs in the United 
States and strengthening the competitiveness of United Stetes 
exports; 
106 STAT. 2198 
PUBLIC LAW 102-429—OCT. 21, 1992 
(2) export assistance for United States goods destined for 
emerging republics is an investment in the development and 
establishment of their market economies, a critical element 
in maintaining existing United States businesses which export 
to the regions in which such republics are located, and a signifi-
cant fiactor in the economic future of Uie United States and 
such republics; 
(3) the Export-Import Bank of the United States (in this 
section referred to as the "Bank") has a unique opportimity 
to play a leading role in assisting United States exporters 
to participate in the rapidly changing and highly competitive 
markets in the independent States of the former Soviet Union, 
Central and Eastern Europe, and the Baltic States; and 
(4) it is in the interest of the United States for the Bank 
to— 
(A) monitor carefully the export assistance programs 
and terms offered by foreign governments for competitive 
exports; and 
(B) make every effort to offer United States business 
export assistance for transactions in the independent States 
of the former Soviet Union, Central and Eastern Europe, 
and the Baltic States, that is comparable to the assistance 
being provided by other governments. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Bank shall transmit to the Congress a report 
analyzing the present and future demand for loans, guarantees, 
and insurance for trade between the United States and the Baltic 
States, between the United States and the independent States 
of the former Soviet Union, and between the United States and 
Central and Eastern Europe, and shall make recommendations 
regarding the adequacy of financing for trade between the United 
States and such countries. As used in this section, the term 
"independent States of the former Soviet Union" includes all succes-
sor states (other than the Baltic States) to the Soviet Union. 
SEC. 121. ELIMINATION OF OUTDATED PROVISIONS. 
(a) AMENDMENTS TO SECTION 2.—Section 2 of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635) is amended— 
(1) in subsection (a)(3)— 
(A) by striking "(A) IN GENERAL.—"; 
(B) by striking subparagraph (B); and 
(C) by redesignating clauses (i) through (iv) as subpara-
graphs (A) through (D), respectively; 
(2) in subsection (b)(1)(A), by striking "The Bank shall 
also" and all that follows through the final period and inserting 
the following: "The Bank shall include in the annual report 
a description of its role in the implementation of the strategic 
plan prepared by the Trade Promotion Coordinating Committee 
in accordance with section 2312 of the Export Enhancement 
Act of 1988."; 
(3) in subsection 
(b)(l)(E)(v), by striking "not less 
than—" and all that follows through the end of clause (v) 
and inserting "not less than 10 percent of such authority for 
each fiscal year."; and 
(4) by striking subsection (f). 
(b) AMENDMENT TO SECTION 4.—Section 4 of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635b) is amended by striking all 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2199 
after the first sentence and inserting the following: "Certificates 
evidencing stock ownership of the United States shall be issued 
by the Bank to the President of the United States, or to such 
other person or persons as the President may designate 
firom 
time 
to time, to the extent of payments made for the capital stock 
of the Bank.". 
(c) REPEAL OF CERTAIN OUTDATED SECTIONS.—The Export-
Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended— 
(1) by striking sections 5,10,12,13,14, and 16; 
(2) by redesignating sections 6 through 9 as sections 5 
through 8, respectively; 
(3) by redesignating section 11 as section 9; 
(4) by redesignating section 15 as section 10; 
(5) by redesignating section 17, as added by section 106 
of this Act, as section 11; 
(6) by redesignating section 18, as added by section 108 
of this Act, as section 12; and 
(7) by redesignating section 19, as added by section 115 
of this Act, as section 13. 
12 use 635c; 59 
Stat. 529; 12 
u s e 635i, 
635i-l, 635i-2, 
635i-4. 
12 use 
635d-635g. 
12 u s e 635h. 
12 u s e 635i-3. 
Ante, p. 2189. 
Ante, p. 2191. 
Ante, p. 2196. 
TITLE n—EXPORT PROMOTION 
SEC. aoi. TRADE PROMOTION COOBOINATING COMBOTTEE. 
Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 
4721 et seq.) is amendea by adding at the end the following new 
section: 
"SEC. 2312. TRADE PROMOTION COORDINATING COMMITTEE. 
15 USe 4727. 
"(a) ESTABLISHMENT AND PURPOSE.—The President shall estab- President. 
lish the Trade Promotion Coordinating Committee (hereafter in 
this section referred to as the TPCCO. The purpose of the TPCC 
shall be— 
"(1) to provide a unifying framework to coordinate the 
export promotion and export financing activities of the United 
States Government; and 
yZ) to develop a govemmentwide strategic plan for carrying 
out Federal export promotion and export nnancing programs, 
"(b) DUTIES.—The TPCC shall— 
"(1) coordinate the development of the trade promotion 
policies and programs of the Umted States (Srovemment; 
"(2) provide a central source of information for Uie business 
community on Federal export promotion and export financing 
programs; 
"(3) coordinate official trade promotion efforts to ensure 
better delivery of services to United States businesses, 
including— 
(A) information and counseling on United States 
export promotion and export financing programs and 
opportunities in foreign marlcets; 
"(B) representation of United States business interests 
abroad; ana 
"(C) assistance with foreign business contacts and 
projects; 
(4) prevent unnecessary duplication in Federal export pro-
motion and export 
financing 
activities; 
106 STAT. 2200 
PUBLIC LAW 102-429—OCT. 21, 1992 
"(5) assess the appropriate levels and allocation of resources 
among agencies in support of export promotion and export 
financing and provide recommendations to the President based 
on its assessment; and 
"(6) carry out such other duties as are deemed to be appro-
priate, consistent with the purpose of the TPCC. 
"(c) STRATEGIC PLAN.—TO carry out subsection (b), the TPCC 
shall develop and implement a govemmentwide strategic plan for 
Federal trade promotion efforts. Such plan shall— 
"(1) establish a set of priorities for Federal activities in 
support of United States exports and explain the rationale 
for the priorities; 
"(2) review current Federal programs designed to promote 
the sale of United States exports in light of the priorities 
established under paragraph (1) and develop a plan to bring 
such activities into line with the priorities and to improve 
coordination of such activities; 
"(3) identify areas of overlap and duplication among Federal 
export promotion activities and propose means of eliminating 
them; 
"(4) propose to the President an annual imified Federal 
trade promotion budget that supports the plan for priority 
activities and improved coordination established under para-
graph (2) and eliminates funding for the areas of overlap and 
duplication identified under peiragraph (3); and 
"(5) review efibrts by the States (as defined in section 
230 
l(i)) to promote United States exports and propose means 
of developing cooperation between State and Federal efibrts, 
including co-location, cost-sharing between Federal and State 
export promotion programs, and sharing of market research 
data. 
"(d) MEMBERSHIP.— 
"(1) IN GENERAL.—Members of the TPCC shall include rep-
resentatives fi'om— 
"(A) the Department of Commerce; 
"(B) the Department of State; 
"(C) the Department of the Treasury; 
"(D) the Department of Agriculture; 
"(E) the Department of Energy; 
"(F) the Department of Transportation; 
"(G) the Office of the United States Trade Representa-
tive; 
"(H) the Small Business Administration; 
"(I) the Agency for International Development; 
"(J) the Trade and Development Program; 
"(K) the Overseas Private Investment Corporation; 
"(L) the Export-Import Bank of the United States; and 
"(M) at the discretion of the President, such other 
departments or agencies as may be necessary. 
"(2) CHAIRPERSON.—The Secretary of Commerce shall serve 
as the chairperson of the TPCC. 
"(e) MEMBER QUAUFICATIONS.—Members of the TPCC shall 
be appointed by the heads of their respective departments or agen-
cies. Such members, as well as alternates designated by an^ mem-
bers unable to attend a meeting of the TPCC, shall be individuals 
who exercise significant decisionmaking authority in their respec-
tive departments or agencies. 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2201 
"(f) REPORT TO THE CONGRESS.—The chairperson of the TPCC 
shall prepare and submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate, and the Committee on Foreign 
Affairs of the House of Representatives, not later than September 
30, 1993, and annually thereafter, a report describing the strategic 
plan developed by the TPCC pursuant to subsection (c), the 
implementation of such plan, and any revisions thereto.". 
SEC. 202. ONE-4STOP SHOPS. 
Section 2301(b) of the Export Enhancement Act of 1988 (15 
U.S.C. 4721(b)) is amended— 
(1) in paragraph (6), by strikin^r "and" at the end; 
(2) in paragraph (7), by strikmg the period and inserting 
a semicolon; and 
(3) by adding at the end the following new paragraph: 
"(8) utilizing district and foreign ofiices as one-stop shops 
for United States exporters by providing exporters with 
information on cdl export promotion and export finance activi-
ties of the Federal Government, assisting exporters in identify-
ing which Federal programs may be of greatest assistance, 
and assisting exporters in making contact with the Federal 
programs identified; and". 
SEC. 203. COMMERCIAL SERVICE COOPERATION IN FEDERAL FINANC-
ING AND INSURANCE PROGRAMS. 
(a) IN GENERAL.—Section 23010)) of the Export Enhancement 
Act of 1988 (15 U.S.C. 4721(b)) is amended by adding at the end 
the following new paragraph: 
"(9) providing United States exporters and export finance 
institutions with information on all financing and insurance 
programs of the Export-Import Bank of the United States, 
the Overseas Private Investment Corporation, the Trade and 
Development Program, and the Small Business Administration, 
including providmg assistance in completing applications for 
such programs and working with exporters and export finance 
institutions to address any deficiencies in such applications 
that have been submitted.". 
O
t
)
) TRAINING AND INFORMATION ASSISTANCE.—Section 2301 
of 
the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended— 
(1) by redesignating subsections (f) through (i) as sub-
sections (g) through (j), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) COOPERATION IN FEDERAL FINANCING AND INSURANCE PRO-
GRAMS.—^To assist the Commercial Service in carrying out sub-
section (bX9), and consistent with the provisions of section 13 of 
the Export-Import Bank Act of 1945, me Export-Import Bank of 
the United States, the Overseas Private Investment Corporation, 
the Trade and Development Program, and the Small Business 
Administration shall each— 
"(1) provide to the Commercial Service complete and cur-
rent information on all of its programs and financing practices; 
and 
"(2) undertake a training program regarding such programs 
and practices for Commercial Service Officers who are des-
ignated by the Assistant Secretary of Commerce and Director 
General of the Commercial Service.". 
106 STAT. 2202 
PUBLIC LAW 102-429—OCT. 21, 1992 
SEC. 204. ENVIRONMENTAL TRADE PROMOTION. 
(a) TPCC ACTIVITIES.—Subtitle C of the Export Enhancement 
Act of 1988 (15 U.S.C. 4721 et seq.) is amended by adding at 
the end the following new section: 
15 use 4728. 
'nSEC. 2313. ENVIRONMENTAL TRADE PROMOTION. 
"(a) STATEMENT OF POUCY.—It is the policy of the United 
States to foster the export of United States environmental tech-
nologies, goods, and services. In exercising their powers and func-
tions, all appropriate departments and agencies of the United States 
Government shall encourage and support sales of such technologies, 
goods, and services. 
"(b) ENVIRONMENTAL TRADE WORKING GROUP OF THE TRADE 
PROMOTION COORDINATION COMMITTEE.— 
President. 
"(l) EsTABUSHMENT A
N
D PURPOSE.—The President shall 
establish the Environmental Trade Promotion Working Group 
(hereafter in this section referred to as the 'Working Group) 
as a subcommittee of the Trade Promotion Coordination 
Committee (hereafter in this section referred to as the TPCC), 
established under section 2312. The purpose of the Working 
Group shall be— 
"(A) to address all issues with respect to the export 
promotion and export financing of United States environ-
mental technologies, goods, and services; and 
"(B) to develop a strate^ for expanding United States 
exports of environmental teleologies, goods, and services. 
"(2) MEMBERSfflP.—The members of the Working Group 
shall be— 
"(A) representatives of the departments and agencies 
that are represented on the TPCC, who are designated 
by the heaa of their respective departments or agencies 
to advise the head of such department or agency on ways 
of promoting the export of United States environmental 
technologies, goods, and services; and 
"(B) a representative of the Environmental Protection 
Agency. 
"(3) CHAIRPERSON.—The Secretary of Commerce (hereafter 
in this section referred to as Uie 'Secretary*) shall designate 
the chairperson of the Working Group from among senior 
employees of the Department of Commerce. The chairperson 
shall— 
"(A) assess the effectiveness of United States Govern-
ment progrsuns for the promotion of exports of environ-
mental technologies, goods, and services; 
"(B) recommend improvements to such programs, 
including regulatory changes or additional authority that 
may be necessary to improve the promotion of exports 
of environmental technologies, goods, and services; 
"(C) ensure that the members of the Working Group 
coordinate their environmental trade promotion programs, 
including feasibility studies, technical assistance, training 
programs, business information services, and export financ-
ing; and 
"(D) assess, jointly with the Working Group representa-
tive of the Environmental Protection Agency, the extent 
to which the environmental trade promotion programs of 
the Working Group advance the environmental goals estab-
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2203 
lished in 'Agenda 21' by the United Nations Conference 
on Environment and Development held at Rio de Janeiro, 
and in other international environmental agreements. 
"(4) REPORT TO CONGRESS.—The chairperson of the TPCC 
shall include a report on the activities of the Working Group 
as a part of the annual report submitted to the Congress 
by the TPCC. 
"(c) TtiADE INFORMATION.—In support of the work of the Work-
ing Group, the Secretary shall, as part of the regular market 
survey and information services activities of the Department of 
Commerce, make available— 
"(1) information on existing and emerging markets and 
market trends for environmental technologies, goods, and serv-
ices; and 
"(2) a description of the export promotion programs for 
environmental technologies, goods, and services of the agencies 
that are represented on the Working Group, 
"(d) OVERSEAS SERVICES FOR EXPORTERS.— 
"(1) AUTHORIZATION.—^The Secretary is authorized to des-
ignate a Foreign Commercial Service officer to serve as the 
Environmental Export Assistance Officer in any coimtry— 
"(A) whose companies are important competitors for 
United States exports of environmental technologies, goods, 
and services; or 
"(B) that ofiTers promising markets for such exports. 
"(2) DUTIES.—^The officer designated under paragraph (1) 
shall provide export promotion assistance to United States 
companies, including— 
"(A) assessments of government assistance provided 
to producers of environmental technologies, goods, £uid serv-
ices in such countries, the effectiveness of such assistance 
on the competitiveness of United States products, and 
whether comparable United States assistance exists; 
"(B) assistance in identifying potential customers and 
market opportunities in such countries; 
"(C) assist£uice in obtaining necessary business services 
in such coimtries; 
"(D) information on environmental standards and regu-
lations in such countries; and 
"(E) information on all United States Government pro-
grams that could assist the promotion, financing, and sale 
of exports of United States environmental technologies, 
goods, and services in such countries.". 
(b) REPORT ON INSURANCE FEASIBIUTY.—Not later than 1 year i^ use 4728 
after the date of enactment of this Act, the chairperson of the 
Trade Promotion Coordinating Committee, after consultation with 
the appropriate departments and agencies of the United States 
Grovemment, shall submit a report to the Congress that analyzes— 
(1) the extent to which Federal investment insurance and 
export financing programs sufficiently protect against business 
failures or default on obligations arising from changes by a 
foreign government in its environmental laws or regulations; 
and 
(2) the advisability and feasibility of expanding the cov-
erage of such programs, or creating new programs, to address 
such risks. 
note. 
106 STAT. 2204 
PUBLIC LAW 102-429—OCT. 21, 1992 
SEC. 20S. RANK OF COMMERCIAL SERVICE OFFICERS. 
Section 2301(d)(1) of the Exi)ort Enhancement Act of 1988 
(15 U.S.C. 4721(d)(1)) is amended in the first sentence by striking 
"8" and inserting "16". 
SEC. 206. REPORT ON EXPORT POUCY. 
The Export Enhancement Act of 1988 (15 U.S.C. 4721 et seq.) 
is amended by adding at the end the following new section: 
15 use 4729. 
"SEC. 2314. REPORT ON EXPORT POUCY. 
"(a) IN GENERAL.—^Not later than May 31 of each year, the 
Secretary of Commerce shall submit to the Congress a report on 
the international economic position of the United States and, not 
later than June 30 of each year, shall ajpjpear before the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the 
Committee on Foreign Affairs of the House of Representatives to 
testify on issues addressed in that report. 
"(b) CONTENTS.— 
"(1) IN GENERAL.—Each report required under subsection 
(a) shall address— 
"(A) the state of United States international economic 
competitiveness, focusing, in particular, on the efforts of 
the Department of Commerce— 
"(i) to encourage research and development of tech-
nologies and products deemed critical for industrial 
leadership; 
"(ii) to promote investment in and improved manu-
facturing processes for such technologies and products; 
and 
"(iii) to increase United States industrial exports 
of products using the technologies described in clause 
(i) to those markets where the United States Govern-
ment has sought to reduce barriers to exports; 
"(B) the report on the Trade Promotion Coordinating 
Committee strategic plan submitted to the Congress in 
accordance with section 2312(f); 
"(C) other specific recommendations of the Department 
of Commerce to improve the United States balance of trade; 
"(D) the effects on the international economic competi-
tiveness of the United States of— 
"(i) formal and informal trade barriers; and 
"(ii) subsidies by foreign countries to their domestic 
industries; 
"(E) the efforts of the Department of Commerce to 
reduce trade barriers; and 
"(F) the adequacy of export financing programs of the 
United States Government and recommendations for 
improving such programs. 
"(2) POLICY BASIS FOR REPORTS.—Portions of each report 
under this section may incorporate or be based upon relevant 
reports and testimony produced by the Department of Com-
merce or other agencies, but the policy views shall be those 
of the Secretary of Commerce.". 
SEC. 207. PROVISIONAL REPEAL OF AMENDMENTS. 
In the event of the enactment of title II of H.R. 3489, "An 
Act to reauthorize the Export Administration Act of 1979, and 
for other purposes", this title and the amendments made by this 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2205 
title are repealed, efifective on the date of enactment of title II 
of H.R. 3489, "An Act to reauthorize the Export Administration 
Act of 1979, and for other purposes". 
SEC. 208. EXPORT PROMOTION AUTHORIZATION. 
Section 202 of the Export Administration Amendments Act 
of 1985 (15 U.S.C. 4052) is amended to read as follows: 
•^EC. 202. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Department 
of Commerce— 
**(1) to carry out export promotion programs— 
"(A) $190,000,000 for fiscal year 1993; and 
"(B) $200,000,000 for fiscal year 1994; and 
"(2) to carry out section 2303 of the Export Enhancement 
Act of 1988, $5,500,000 for each of fiscal years 1993 and 1994.". 
TITLE III—MISCELLANEOUS 
SEC. 301. JOHN HEINZ COMPETITIVE EXCELLENCE AWARD. 
2 USC 831. 
(a) ESTABLISHMENT.—There is hereby established the John 
Heinz Competitive Excellence Award, which shall be evidenced 
by a national medal bearing the inscription "John Heinz Competi-
tive Excellence Award". The medal, to be minted by the United Medals. 
States Mint and provided to the Congress, shall be of such design 
and bear such additional inscriptions as the Secretary of the Treas-
ury may prescribe, in consultation with the Majority and Minority 
Leaders of the Senate, the Speaker and the Minority Leader of 
the House of Representatives, and the family of Senator John 
Heinz. The medal shall be— 
(1) three inches in diameter; and 
(2) made of bronze obtained 
firom 
recycled sources. 
(b) AWARD CATEGORIES.— 
(1) IN GENERAL.—^Two separate awards may be given under 
this section in each year. One such award may be given to 
a qualifying individual (including employees of any State or 
local government, or the Federal Grovemment), and 1 such 
award may be given to a qualifying organization, institution, 
or business. 
(2) LIMITATION.—^No award shall be made under this sec-
tion to an entity in either category described in paragraph 
(1) in any year if there is no qualified individual, organization, 
institution, or business recommended under subsection (c) for 
an award in such category in that year. 
(c) QUALIFICATION CRITERIA FOR AWARD.— 
(1) SELECTION PANEL.—^A selection panel shall be estab-
lished, comprised of a total of 8 persons, including— 
(A) 2 persons appointed by the M^ority Leader of 
the Senate; 
(B) 2 persons appointed by the Minority Leader of 
the Senate; 
(C) 2 persons appointed by the Speaker of the House 
of Representatives; and 
(D) 2 persons appointed by the Minority Leader of 
the House of Representatives. 
106 STAT. 2206 
PUBLIC LAW 102-429—OCT. 21, 1992 
Public 
information. 
(2) QUALIFICATION.—^An individual, organization, institu-
tion, or business may qualify for an award under this section 
only if such individual, organization, institution, or business— 
(A) is nominated to the Majority or Minority Leader 
of the Senate or to the Speaker or the Minority Leader 
of the House of Representatives by a member of the Senate 
or the House of Representatives; 
(B) permits a rigorous evaluation by the Office of Tech-
nology Assessment of the way in which such individual, 
organization, institution, or business has demonstrated 
excellence in promoting United States industrial competi-
tiveness; and 
(C) meets such other requirements as the selection 
panel determines to be appropriate to achieve the objectives 
of this section. 
(3) EVALUATION.—^An evaluation of each nominee shall be 
conducted by the Office of Technology Assessment. The Office 
of Technology Assessment shall work with the selection panel 
to establish appropriate procedures for evaluating nominees. 
(4) PANEL REVIEW.—^The selection panel shall review the 
Office of Technology Assessment's evaluation of each nominee 
and may, based on those evaluations, recommend 1 award 
winner for each year for each category described in subsection 
(b)(1) to the Majority and Minority Leaders of the Senate and 
the Speaker and the Minority Leader of the House of Represent-
atives. 
(d) PRESENTATION OF AWARD.— 
(1) IN GENERAL.—^The Majority and Minority Leaders of 
the Senate and the Speaker and the Minority Leader of the 
House of Representatives shall make the award to an individual 
and an organization, institution, or business that has dem-
onstrated excellence in promoting United States industrial 
competitiveness in the international marketplace 
through 
technological 
innovation, 
productivity 
improvement, 
or 
improved competitive strategies. 
(2) CEREMONIES.—The presentation of an award under this 
section shall be made by the Majority and Minority Leaders 
of the Senate and the Speaker and the Minority Leader of 
the House of Representatives, with such ceremonies as they 
may deem proper. 
(3) PUBLICITY.—^An individual, organization, institution, or 
business to which an award is made imder this section may 
publicize its receipt of such award and use the award in its 
advertising, but it shall be ineligible to receive another award 
in the same category for a period of 5 years. 
(e) PUBLICATION OF EVALUATIONS.— 
(1) SUMMARY OF EVALUATIONS.—^The Office of Technology 
Assessment shall ensure that all nominees receive a detailed 
summary of any evaluation conducted of such nominee under 
subsection (c). 
(2) SUMMARY OF COMPETITIVENESS STRATEGY.—^The Office 
of Technology Assessment shall also make available to all nomi-
nees and the public a summary of each award winner's competi-
tiveness strategy. Proprietary information shall not be included 
in any such summary without the consent of the award winner. 
(f) REIMBURSEMENT OF COSTS.—The Majority and Minority 
Leaders of the Senate and the Speaker and the Minority Leader 
PUBLIC LAW 102-429—OCT. 21, 1992 
106 STAT. 2207 
of the House of Representatives are authorized to seek and accept 
gifts from public and private sources to defray the cost of implement-
ing this section. 
Approved October 21, 1992. 
LEGISLATIVE HISTORY—H.R. 5739 (S. 2864): 
HOUSE REPORTS: No. 102-1010 (Coram, of CJonference). 
SENATE REPORTS: No. 102-320 accompanying S. 2864 (C!omm. on Banking, Housing, 
and Urban Affairs). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 4, considered and passed House. 
Aug. 12, considered and passed Senate, amended, in lieu of S. 2864. 
Oct. 5, House agreed to conference report. 
Oct. 8, Senate agreed to conference report.