102d CONGRESS
2d Session
H. R. 5739
AMENDMENT
HR 5739 EAS
In the Senate of the United States,
August 12 (legislative day, August 5), 1992.
Resolved, That the bill from the House of Representatives (H.R. 5739)
entitled `An Act to reauthorize the Export-Import Bank of the United
States', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

b577392784a45db381306fbf851978a5678b0ee10371badcbda9f658613f4976

(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:

64571f1be8fc5097a2ea82b5bfa709140cb4f0646edaa00bd874bf173a6906cb

Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended
by striking `September 30, 1992,' and inserting `September 30, 1997,'.

83ab8b80e17adf7967be973f93b370581d18a8a5d0f05dfd72c48a89cbe4631f

TITLE I

-REAUTHORIZATION OF EXPORT-IMPORT BANK

(a) IN GENERAL- Section 15(c)(2) of the Export-Import Bank Act of 1945
(12 U.S.C. 635i-3(c)(2)) 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
shall 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
`predatory';
(2) in subsection (a)(5)--
(A) by striking `temporary'; and
(B) by striking `existing arrangement' and inserting `existing Arrangement';
(3) in subsection (b)(1)--
(A) by striking `To carry out the purposes of subsection (a)(5), the'
and inserting `The';
(B) in subparagraph (A), by inserting before the semicolon the following:
`and with special attention to matching 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 agreements on tied aid to eliminate the use of such credits for
commercial purposes; or
`(ii) engages in predatory financing practices that seek to circumvent
international agreements on tied aid; or';
(4) in subsection (b)(2)(B), by inserting `United States exporters and'
after `cooperation with';
(5) in subsection (b)(4), 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 (1)(B).';
(6) by amending paragraphs (1) and (2) of subsection (g) to read as follows:
`(1) IN GENERAL- On or before October 25, 1992, and every 6 months
thereafter, the Bank, in consultation with the Secretary, shall submit
a report on tied aid credits 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.
`(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 purposes, including the
operation of notification and consultation procedures;
`(B) all principal offers of tied aid credit financing by foreign countries
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 Arrangement;
`(C) any use by the Bank of the Tied Aid Credit Fund to match specific
offers, including those that are grandfathered or exceptions under the
Arrangement; and
`(D) other actions by the United States Government to combat predatory
financing practices by foreign governments, including additional negotiations
among participating governments in the Arrangement.'; and
(7) in subsection (h)--
(A) by striking `For the purposes of this section--' and inserting `For
purposes of this section, the following definitions shall apply:';
(B) in paragraph (3), by inserting before the period `and all addenda and
amendments thereto'; and
(C) by adding at the end the following new paragraph:
`(6) The term `grandfathered' refers to projects under the Arrangement
for which--
`(A) financing offers were made on or before February 15, 1992; or
`(B) financing offers extended for subloans under grandfathered lines of
credit were made on or before August 15, 1992, or, in the case of Mexico,
on or before December 31, 1992.'.

aebb3a8948180ae28001df28c39640cf9ffbde335b3430f12cb2cd3d6281c785

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 fifth sentence by inserting after the
first semicolon the following: `that the Bank, in determining whether to
provide support for a transaction under 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;'.

4c563964cd52165af635e7d7721ad426b226559336a20909b2b550e7eff54c70

Section 2(c)(3) 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: `TRANSFERABILITY OF
GUARANTEES AND INSURANCE; GUARANTEE COVERAGE-
`(A) TRANSFERABILITY- With'; and
(2) by adding at the end the following new subparagraph:
`(B) GUARANTEE COVERAGE- For the guarantee program covered by this
subsection, the Bank shall provide up to 100 percent coverage of the interest
and principal if the Board determines such coverage to be necessary to ensure
acceptance of Bank guarantees by United States financial institutions for any
transaction in any export market in which the Bank is open for business.'.

691fd6f1c871e1f665b9ffb3705d21091c341ae0997018d0261b4352034b8545

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.
`(a) ENVIRONMENTAL EFFECTS CONSIDERATION-
`(1) IN GENERAL- Consistent with the objectives of section 2(b)(1)(A),
the Bank shall establish procedures to take into account the potential
beneficial and adverse environmental effects of goods and services which it
may be asked to support under its direct lending and guarantee programs. Such
procedures shall apply to any transaction involving a project--
`(A) for which long-term support of $10,000,000 or more is requested from
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 third countries not participating in the project or may produce
a principal product, emission, or effluent that is prohibited or strictly
regulated by Federal law.
`(2) AUTHORITY TO WITHHOLD FINANCING- The procedures established under
paragraph (1) shall permit the Board of Directors, in its judgment, to
withhold financing for environmental reasons or to approve financing after
considering 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 also
act as liaison between the Bank and other Government agencies, including
the agencies whose representatives are members of the Environmental Trade
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 provide 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 construed to create
any cause of action.'.

4ce76eabbf625f9f50480d008b93a844dcb6edbc9f3e72f4c14d84eabbcedf2e

Section 3(c) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(c))
is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (8) as paragraphs (3) through
(7), respectively; and
(3) by adding at the end the following new paragraph:
`(8) PERSONNEL-
`(A) APPOINTMENT AND COMPENSATION- The Board of Directors shall fix the
compensation of, and appoint and direct, employees of the Bank other than
the directors. The Board may set and adjust rates of basic pay for such
employees without regard to the provisions of chapter 51, or subchapter
III of chapter 53, of title 5, United States Code. The Board of Directors
may provide additional compensation and benefits to employees of the Bank
if the same type of compensation or benefits are then being provided by
any Federal bank regulatory agency.
`(B) COMPARABILITY- In setting and adjusting the total amount of compensation
and benefits for employees of the Bank, the Board of Directors shall, in
consultation with the Federal bank regulatory agencies, seek to maintain
comparability with the total amount of compensation and benefits provided
by such agencies to employees of such agencies, except that the Board shall
not apply this subparagraph to reduce the total amount of compensation
and benefits provided to any employee as of the date of enactment of
this paragraph.
`(C) DEFINITION- For purposes of this paragraph, the term `Federal bank
regulatory agencies' means--
`(i) the Office of the Comptroller of the Currency;
`(ii) the Federal Deposit Insurance Corporation;
`(iii) the Board of Governors of the Federal Reserve System;
`(iv) the Office of Thrift Supervision; and
`(v) the National Credit Union Administration.'.

f15c8ae2ee0dc75aeb480f81e93fe7c289ee2a6c0b7e76f34d68247a0438a1bd

Section 2(d) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d))
is amended--
(1) by striking paragraphs (2) and (3) and inserting after paragraph (1)
the following:
`(2) 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) In any case in which the Bank becomes aware that a fair and open
competitive opportunity is not available 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 deny 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 country 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) In any case in which the Bank approves a loan or guarantee
notwithstanding information regarding denial of competitive opportunities
for United States insurance companies, the Bank shall include notice of
such approval and the reason for such approval in the report on competition
in officially-supported export credit required under subsection (b)(1)(A).
`(5) For purposes of this section--
`(A) the term `United States insurance company'--
`(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 underwritten
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 opportunity' 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.'.

1f6c116f4d60f20b3be82c30358233e6ede53a0a0e3dec3a0de0a3503540f27f

The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended--
(1) by inserting after the first section the following: `TITLE I--GENERAL
PROVISIONS'; and
(2) by adding at the end the following:
`TITLE II--ENTERPRISE FOR THE AMERICAS INITIATIVE
`SEC. 51. PURPOSE.
`The purpose of this title is to encourage and support improvement
in the lives of the people of Latin America and the Caribbean through
market-oriented reforms and economic growth with interrelated actions to
promote debt reduction, investment reforms, community based conservation
and sustainable use of the environment. The Facility will support these
objectives through administration of debt reduction operations under this
title for those countries with democratically elected governments that
meet investment reforms and other policy conditions.
`SEC. 52. DEFINITIONS.
`For purposes of this title, the following definitions shall apply:
`(1) ELIGIBLE COUNTRY- The term `eligible country' means a country designated
by the President in accordance with section 53.
`(2) ELIGIBLE PURCHASER- The term `eligible purchaser' means a purchaser
to whom a loan may be sold pursuant to this title upon the presentation
of plans satisfactory 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.
`(3) FACILITY- The term `Facility' means the entity established in the
Department of the Treasury by section 601 of the Agricultural Trade
Development and Assistance Act of 1954.
`(4) IMF- The term `IMF' means the International Monetary Fund.
`SEC. 53. ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.
`(a) REQUIREMENTS- To be eligible for benefits from the Facility under
this title, a country must--
`(1) be a Latin American or Caribbean country;
`(2) have in effect, have received approval for, or, as appropriate in
exceptional circumstances, be making significant progress toward--
`(A) 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 monitored program or
its equivalent; and
`(B) as appropriate, structural or sectoral adjustment loans from the
International Bank for Reconstruction and Development or the International
Development Association;
`(3) 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
`(4) if appropriate, have agreed with its commercial bank lenders on a
satisfactory financing program, including, as appropriate, debt or debt
service reduction.
`(b) ELIGIBILITY DETERMINATIONS- The President shall determine whether a
country is an eligible country for purposes of subsection (a).
`SEC. 54. LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.
`(a) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding any
other provision of law, the President may, in accordance with this title--
`(1) sell to any eligible purchaser any loan or portion thereof made
to any eligible country or any agency thereof, before January 1, 1991,
pursuant to this Act; and
`(2) on receipt of payment from the eligible purchaser, reduce or cancel
such loan or portion thereof,
only for the purpose of facilitating debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps, if the sale, reduction,
or cancellation would not contravene any term or condition of any prior
agreement relating to such loan.
`(b) TERMS AND CONDITIONS- Notwithstanding any other provision of law
other than those contained in this title, the President shall establish the
terms and conditions under which loans may be sold, reduced, or canceled
pursuant to this title.
`(c) TREATMENT UNDER SECURITIES LAWS- Any sale made pursuant to this title
by the Bank of a loan (including any interest therein) to an eligible
purchaser, as defined in section 52, shall be a transaction not required
to be registered pursuant to section 5 of the Securities Act of 1933. 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 (include any interest therein) or any security
received by an eligible purchaser pursuant to any debt-for-equity swap,
debt-for-development swap, or debt-for-nature swap.
`(d) ADMINISTRATION- The Facility shall notify the Bank of purchasers the
President has determined to be eligible, as defined in section 52, and
shall direct the Bank to carry out the sale, reduction, or cancellation
of a loan pursuant to this title. The Bank shall make an adjustment in
its accounts to reflect the sale, reduction, or cancellation.
`(e) LIMITATIONS- The authorities of this section may be exercised beginning
in fiscal year 1993 and only to such extent as provided for in advance in
appropriations Acts for fiscal year 1993 or thereafter, as necessary to
implement section 13201 of the Budget Enforcement Act of 1990.
`(f) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this title
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.
`SEC. 55. DEBTOR CONSULTATION.
`Before the sale to any eligible purchaser, or any reduction or cancellation
pursuant to this title of any loan made to an eligible country, the
President shall consult with the country concerning, among other things,
the amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
`SEC. 56. AUTHORIZATION OF APPROPRIATIONS.
`For the sale, reduction, and cancellation pursuant to section 54 of loans
or portions thereof made pursuant to this Act, there are authorized to be
appropriated to the President such sums as may be necessary, which shall
remain available until expended.'.

41c0fb8f1507102a91ea4cf83ff04812832fc3d734fa8c33d1aa201a39a5e069

(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- '; and
(B) by striking subparagraph (B);
(2) in subsection (b)(1)(A), by striking `The Bank shall also' and all
that follows through the final period;
(3) in subsection (b)(1)(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.';
(4) in subsection (b)(2)(B)--
(A) by striking clause (ii);
(B) in clause (i), by striking `(i) IN GENERAL- ' and by redesignating
subclauses (I) and (II) as clauses (i) and (ii);
(C) in clause (i), as redesignated, by striking `Marxist-Leninism' and
inserting `Marxism-Leninism'; and
(D) in clause (ii), as redesignated, by striking `the Union of Soviet
Socialist Republics or on any other Marxist-Leninist country' and inserting
`any other country that maintains a centrally planned economy based on
the principles of Marxism-Leninism';
(5) by striking subparagraph (C) of subsection (b)(2) and redesignating
subparagraph (D) as subparagraph (C);
(6) in subsection (b)(2)(C), as redesignated by paragraph (5)--
(A) by striking clauses (ii) and (iv); and
(B) by redesignating clause (iii) as clause (ii);
(7) in subsection (b)(6)(B)--
(A) in clause (iv), by inserting `and' at the end;
(B) in clause (v), by striking `; and' and inserting a period;
(C) in clause (v), by striking `guarantee and insurance authority' and
inserting `loan, guarantee, and insurance authority'; and
(D) by striking clause (vi);
(8) by amending paragraph (1) of subsection (c) to read as follows:
`(1) FEES AND PREMIUMS- Fees and premiums shall be charged 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.';
and
(9) by striking subsection (f).
(b) AMENDMENT TO SECTION 3- Section 3(d)(1)(A) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635a(d)(1)(A)) is amended by striking `twelve'
and inserting `15'.
(c) AMENDMENTS TO SECTION 4- Section 4 of the Export-Import Bank Act of 1945
(12 U.S.C. 635b) is amended--
(1) by striking the second sentence and all that follows through
`transactions of the United States.'; and
(2) in the last sentence--
(A) by striking `, to the extent of the common and preferred stock
surrendered and other' and inserting `to the extent of'; and
(B) by striking `under this section'.
(d) AMENDMENTS TO SECTION 7- Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635e) is amended--
(1) by striking subsection (a)(3);
(2) in subsection (a)(1)--
(A) by striking `(a)(1)' and inserting `(a) LIMITATION ON OUTSTANDING
AMOUNTS- '; and
(B) by striking `$40,000,000,000' and inserting `$75,000,000,000';
(3) in paragraph (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 `(2) REPORT- Not
later than';
(F) by striking `(B)(i)' and inserting the following:
`(3) REQUEST FOR LEGISLATION-
`(A) IN GENERAL- '; and
(G) by striking `(ii) The Bank' and inserting `(B) CONTINUED AVAILABILITY
OF AUTHORITY- The Bank'.
(e) REPEAL OF 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; and
(5) by redesignating section 17, as added by section 105 of this Act,
as section 11.

4dccd6e802077e2bb1325e7e29987348251a44a1806d5aa99175260d56b4103c

(a) ESTABLISHMENT AND PURPOSE- The President shall establish the Trade
Promotion Coordinating Committee (hereafter referred to as the `TPCC')
which shall be chaired by the Secretary  of Commerce. The purpose of the
TPCC shall be--
(1) to coordinate the export promotion and financing activities of the
United States Government; and
(2) to develop a governmentwide strategic plan for carrying out Federal
export promotion and financing programs.
(b) DUTIES- The TPCC shall--
(1) coordinate the development of the trade promotion policies and programs
of the United States Government;
(2) provide a unifying framework for carrying out the United States
Government's trade promotion programs more effectively;
(3) provide a central source of information for the business community on
Federal exporter assistance programs;
(4) coordinate official trade promotion efforts to ensure better delivery
of services to American businesses, including information and counseling on
United States export promotion and financing programs and opportunities in
foreign markets, representation of United States business interests abroad,
and assistance with foreign business contacts and projects;
(5) avoid unnecessary duplication in Federal export promotion and financing
activities;
(6) assess the appropriate levels and allocation of resources among agencies
in support of export promotion and financing and provide recommendations
to the President based on its assessment; and
(7) carry out such other duties as are deemed to be appropriate, consistent
with the purpose of the TPCC.
(c) STRATEGIC PLAN- In order to carry out subsection (b), the TPCC shall
develop and implement a governmentwide 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 (2)
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) in conjunction with the Director of the Office of Management and Budget,
propose to the President annually a unified Federal trade promotion budget
that supports the plan for priority activities and improved coordination
established under paragraph (3) and eliminates funding for the areas of
overlap and duplication identified under paragraph (4); and
(5) review State efforts to promote United States exports and propose
means of developing  cooperation between State and Federal efforts,
including co-location, cost-sharing between Federal and State export
promotion programs, and sharing of market research data.
(d) MEMBERSHIP- Members of the TPCC shall include representatives from--
(1) the Department of Commerce;
(2) the Department of State;
(3) the Department of the Treasury;
(4) the Department of Agriculture;
(5) the Department of Energy;
(6) the Department of Transportation;
(7) the Office of the United States Trade Representative;
(8) the Small Business Administration;
(9) the Agency for International Development;
(10) the Trade and Development Program;
(11) the Overseas Private Investment Corporation;
(12) the Export-Import Bank of the United States; and
(13) at the discretion of the President, such other departments or agencies
as may be necessary.
(e) MEMBER QUALIFICATIONS- Members of the TPCC shall be appointed by the
heads of their respective departments or agencies. Such members, as well as
alternates designated by any members unable to attend a meeting of the TPCC,
shall be individuals who exercise significant decisionmaking authority in
their respective departments or agencies.
(f) REPORT TO CONGRESS- The chairperson of the TPCC shall prepare and submit
to the Congress, 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.

82c191e66647d0962fb59f64f203ec7090ad625b6f3b0df5c55197cbfea45ea3

TITLE II

-EXPORT PROMOTION

Section 2301(b) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4721(b)) is amended--
(1) in paragraph (6), by striking `and' at the end;
(2) in paragraph (7), by striking the period and inserting a semicolon; and
(3) by adding at the end the following new paragraph:
`(8) utilizing district and foreign offices as one-stop shops for United
States exporters by providing exporters with information on all export
promotion activities of the Federal Government, assisting exporters
in identifying which Federal programs may be of greatest assistance,
and assisting exporters in making contact with the Federal programs
identified; and'.

27a50710cd713701caa35a087b904b84b5ed0cabcde16cd0dd65f24ca0cc88b4

(a) TRADE ACT AMENDMENT- Section 2301(b) of the Omnibus Trade and
Competitiveness 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, including providing assistance in completing applications for Bank
programs, and working with exporters and export finance institutions to
address any deficiencies in such applications.'.
(b) EXPORT-IMPORT BANK ACT AMENDMENT- 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. 12. US&FCS-EXIMBANK COOPERATION.
`The Bank shall--
`(1) provide full and current information on all of its programs and
financing practices to the United States and Foreign Commercial Service; and
`(2) undertake a training program for officers of the United States and
Foreign Commercial Service,  as designated by the Director General of
the United States and Foreign Commercial Service, in Bank programs and
practices.'.

474dbb2090960ba10f6dd84ad324fc8cc4156f32538683a079fd905b514f0415

(a) ENVIRONMENTAL TRADE WORKING GROUP OF THE TRADE PROMOTION COORDINATION
COMMITTEE-
(1) ESTABLISHMENT AND PURPOSE- The President shall establish the
Environmental Trade Promotion Working Group (hereafter referred to as the
`Working Group') as a subcommittee of the Trade Promotion Coordination
Committee. The purpose of the Working Group shall be to address all issues
with respect to the export promotion and export financing of United States
environmental technologies, goods, and services.
(2) MEMBERSHIP- The members of the Working Group shall be--
(A) representatives of the agencies that are represented on the Trade
Promotion Coordination Committee; and
(B) a representative of the Environmental Protection Agency.
(3) CHAIRPERSON- The Secretary of Commerce 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 Government programs for the
promotion of exports of environmental 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, business information services, and export financing;
and
(D) assess, jointly with the Working Group representative of the
Environmental Protection Agency, the extent to which the environmental
trade promotion programs of the Working Group advance the environmental
goals established in `Agenda 21' by the United Nations Conference on
Environment and Development at Rio de Janeiro, and in other international
environmental agreements.
(4) REPORT TO CONGRESS- The chairperson of the Trade Promotion Coordination
Committee shall include a report on the activities of the Environmental
Trade Working Group as a part of the annual report submitted to the Congress
by the Trade Promotion Coordination Committee.
(b) ENVIRONMENTAL TRADE PROMOTION BY THE DEPARTMENT OF COMMERCE- The Export
Enhancement Act of 1988 (15 U.S.C. 4721 et seq.) is amended by adding at
the end the following new section:
`SEC. 2312. ENVIRONMENTAL TRADE PROMOTION.
`(a) STATEMENT OF POLICY- It is the policy of the United States to foster the
export of United States environmental technologies, goods, and services. In
exercising its powers and functions, the Department shall encourage and
support sales of such technologies, goods, and services.
`(b) TRADE PROMOTION COORDINATING COMMITTEE- The chairperson of the
Environmental Trade Working Group of the Trade Promotion Coordinating
Committee, established under section 204(a) of the Export Enhancement Act
of 1992, shall--
`(1) advise the Secretary and other employees of the Department on ways
to promote the export of United States environmental technologies, goods,
and services; and
`(2) serve as a liaison between the Department and other agencies that
are members of the Environmental Trade Working Group.
`(c) TRADE INFORMATION- In support of the work of the Environmental Trade
Working Group, the Department shall, as part of its regular market survey
and information services activities, make available to United States
providers of environmental technologies, goods, and services--
`(1) survey information on existing and emerging market trends for
environmental technologies, goods, and services; and
`(2) a description of the export promotion programs for environmental
technologies, goods, and services of the agencies that are represented on
the Environmental Trade Working Group.
`(d) OVERSEAS SERVICES FOR EXPORTERS-
`(1) AUTHORIZATION- The Secretary is authorized to designate a Foreign
Commercial Service officer to serve as the Environmental Export Assistance
Officer in any country--
`(A) whose companies are important competitors for United States exports
of environmental technologies, goods, and services; or
`(B) that offers 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, and services 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) assistance in obtaining necessary business services in such countries;
`(D) information on environmental standards and regulations in such
countries; and
`(E) information on all United States Government programs that could
assist the promotion, financing, and sale of exports of United States
environmental technologies, goods, and services in such countries.'.

e6742d674711a2288924e02b372cea75a6fb39d1587f2bf2ca51479a77e3f6d8

Section 2301(d)(1) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(d)(1)) is amended in the first sentence by striking `8' and
inserting `12'.

f9878614a92cc26f1f27b7412b6dbbad32e9a8e20c694a0088c4bfb637405f27

(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 appear
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 such report.
(b) CONTENTS-
(1) IN GENERAL- Each report 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 technologies and products
deemed critical for industrial leadership;
(ii) to promote investment in and improved manufacturing 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 Government has sought to reduce barriers to exports;
(B) the implementation of the strategic plan developed by the Trade
Promotion Coordinating Committee pursuant to section 201(c);
(C) other specific recommendations of the Department of Commerce to improve
the United States balance of trade;
(D) the effects on the international economic competitiveness 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 Government export financing programs 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 Commerce or other agencies, but the policy views
shall be those of the Secretary of Commerce.

accd89baa051d5b1b3c2224fccba34e87183c058d28bd96bec0f0f278457e9b7

Section 202 of the Export Administration Amendments Act of 1985 (15
U.S.C. 4052) is amended to read as follows:
`SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Department of Commerce--
`(1) to carry out export promotion programs--
`(A) $182,000,000 for fiscal year 1993; and
`(B) $190,000,000 for fiscal year 1994; and
`(2) to carry out section 2303 of the Omnibus Trade and Competitiveness
Act of 1988, $6,000,000 for each of fiscal years 1993 and 1994.'.

71ea9386bf626e30230e045d964c2c246bdd88a5f8b0faa8fe6146f30f4f6752

Section 207 of the International  Emergency Economic Powers Act (50 U.S.C.
1706) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following new subsection:
`(c) EXPIRED LEGISLATIVE AUTHORITY-
`(1) IN GENERAL- The President may use the authority of this Act to extend or
reinstate an expired provision of law for only one period of not more than
180 days after the date of such expiration, unless the President submits
a declaration of emergency to the Congress and the Congress approves such
use of authority, as provided in paragraph (3).
`(2) INTRODUCTION OF AUTHORIZING LEGISLATION-
`(A) IN GENERAL- In any case in which the President has invoked the
authority of this Act to extend or reinstate an expired provision of law,
a bill providing a simple extension of the expired legislative authority
for a period of not less than 180 days shall be introduced in each House
of Congress as follows:
`(i) HOUSE OF REPRESENTATIVES- In the House of Representatives, the
bill shall be introduced by the chairman of the appropriate committee
of jurisdiction, for the chairman and the ranking minority member of the
committee, or by the Members of the House designated by the chairman and
ranking minority member.
`(ii) SENATE- In the Senate, the bill shall be introduced by the Majority
Leader of the Senate, for the Majority Leader and the Minority Leader of
the Senate, or by Members of the Senate designated by the Majority Leader
and the Minority Leader of the Senate.
`(iii) TIMING- The bills shall be introduced not later than 10 calendar
days after the President's action or, if either House is not in session
at the end of such period, on the first day thereafter on which that House
is in session.
`(B) PROCEDURES FOR INTRODUCTION AND COMMITTEE CONSIDERATION-
`(i) BILL PROVIDING A SIMPLE EXTENSION OF AUTHORITY DEFINED- For purposes of
this subsection, the term `a bill providing a simple extension of expired
legislative authority' means only a bill that provides exclusively for
the termination of statutory authority, not less than 180 days following
the date of enactment of such legislation.
`(ii) REFERRAL TO COMMITTEE- Any bill described in this subparagraph that is
introduced in the House of Representatives or the Senate shall be referred
to the appropriate committees of jurisdiction in that House.
`(iii) DISCHARGE FROM COMMITTEE- If the committee of either House to which
a bill described in this paragraph has been referred has not reported
such bill, or any other bill on the same matter, at the end of 60 days
after the bill's referral, the committee shall be discharged from further
consideration of the original bill.
`(3) PROCEDURE FOR EXTENDING EMERGENCY AUTHORITY-
`(A) PROPOSAL REQUIRED- If the President determines that extension of an
expiring provision of law beyond the 180 days provided in paragraph (1) is
necessary to the national security, foreign policy, or economy of the United
States, the President shall, not later than 120 days after the authority of
this section has been invoked or, if on that date the Congress has recessed,
adjourned to a date certain, or adjourned sine die, then not later than
5 days after the Congress comes back into session, submit to the Congress--
`(i) a declaration of emergency explaining any unusual and extraordinary
threat, which has its source in whole or substantial part outside of
the United States, to the national security, foreign policy, or economy
of the United States that justifies extension of any expiring statutory
authority; and
`(ii) a proposal to extend the expiring authority for not more than 1 year.
`(B) REQUIREMENT FOR CONGRESSIONAL APPROVAL- The proposed extension
of authority shall not take effect unless the Congress, not later than
60 calendar days after receiving the report, enacts a joint resolution
approving the extension.
`(C) PROCEDURES FOR INTRODUCTION AND COMMITTEE CONSIDERATION-
`(i) JOINT RESOLUTION DEFINED- For purposes of this paragraph, the term
`joint resolution' means only a joint resolution the matter after the
resolving clause of which is as follows: `That the President is authorized to
continue to exercise the authority of the XXXXXXXX, for a period of XXX days,
as proposed in the submission of the President of XXXXXXXX.', with the blank
spaces being filled with the appropriate citations of lapsed legislative
authority, time period, and date of the submission of the proposal.
`(ii) INTRODUCTION- On the day on which a proposal is submitted to the
House of Representatives and the Senate under subparagraph (A), a joint
resolution with respect to the proposed extension shall be introduced--
`(I) in the House of Representatives (by request) by the chairman of the
appropriate committee of jurisdiction, for the chairman and the ranking
minority member of the committee, or by the Members of the House designated
by the chairman and ranking minority member;
`(II) in the Senate (by request) by the Majority Leader of the Senate,
for the Majority Leader and the Minority Leader of the Senate, or Members
of the Senate designated by the Majority Leader and the Minority Leader
of the Senate.
`(iii) SUBMISSIONS WHILE NOT IN SESSION- If other House is not in session
on the day on which the proposal is submitted, the joint resolution shall
be introduced on the first day thereafter on which that House is in session.
`(iv) REFERRAL TO COMMITTEE- Any joint resolutions introduced under this
paragraph in the House of Representatives and the Senate shall be referred
to the appropriate committees of jurisdiction.
`(v) DISCHARGE FROM COMMITTEE- If the committee of either House to which a
joint resolution has been referred under this paragraph has not reported the
joint resolution at the end of 30 days after its referral, the committee
shall be discharged from further consideration of the joint resolution
and of any other joint resolution introduced with respect to the same matter.
`(4) FLOOR CONSIDERATION OF BILLS AND JOINT RESOLUTIONS-
`(A) PROCEDURES- Any bill or joint resolution described in subparagraph
(B) shall be considered in the Senate in accordance with section 601(b)
of the International Security Assistance and Arms Export Control Act of
1976. For the purpose of expediting the consideration and enactment of
such bill or joint resolution under this subsection, a motion to proceed
to the consideration of any such bill or joint resolution after it has
been reported by the appropriate committee shall be treated as highly
privileged in the House of Representatives.
`(B) AFFECTED BILLS AND JOINT RESOLUTIONS- The procedures in subparagraph
(A) shall apply to--
`(i) any bill in the form described in paragraph (2)(B)(i) and discharged
from committee as provided in paragraph (2)(B)(iii); and
`(ii) any joint resolution described in paragraph (3)(C)(i) or any other
joint resolution with respect to the same matter discharged from committee
as provided in paragraph (3)(C)(v).
Any bill on the same matter as a bill described in paragraph (2)(B)(i)
that is reported from committee in a form other than as described in that
paragraph shall be considered in the House of Representatives and the Senate
under normal legislative procedures.
`(C) BILL OR JOINT RESOLUTION RECEIVED FROM OTHER HOUSE- In the case of
a bill in the form described in paragraph (2)(B)(i) or a joint resolution
described in paragraph (3)(C)(i), if, before the passage by 1 House of such
a bill or joint resolution of that House, that House receives such a bill or
joint resolution with respect to the same matter from the other House, then--
`(i) the procedure in that House shall be the same as if no bill or joint
resolution had been received from the other House; but
`(ii) the vote on final passage shall be on the bill or joint resolution
of the other House.
`(D) COMPUTING TIME PERIOD- In computing the time periods referred to in
paragraphs (2)(B)(iii), (3)(B), and (3)(C)(iv), there shall be excluded
the days on which either House of Congress is not in session because
of an adjournment of more than 3 days to a day certain or because of an
adjournment of the Congress sine die.
`(E) CONGRESSIONAL ACTION NOT REQUIRED- If the legislative authority
extended or reinstated under the authority of this section is extended
or reinstated by law for a period longer than that proposed by the
President under paragraph (3)(A) prior to the expiration of the 60-day
period described in paragraph (3)(B), then no further action on any joint
resolution described in paragraph (3) is required, and the procedures of
paragraph (3)(C) are waived.'.

6334f3f9fcbc7e7e59cc51026d6411f16135f0a408a99e66d96b05032b67352c

TITLE III

-MISCELLANEOUS PROVISIONS

(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 Competitive Excellence Award'. The medal, to be
coined by the United States Mint and provided to the United States Senate,
shall be of such design and materials and bear such additional inscriptions
as the Majority and Minority Leaders of the Senate may prescribe.
(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 Government),
and 1 such award may be given to a qualifying organization, institution,
or business.
(2) LIMITATION- No award shall be made under this section 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 established, comprised
of 3 persons appointed by the Majority Leader of the Senate and 3 persons
appointed by the Minority Leader of the Senate.
(2) QUALIFICATION- An individual, organization, institution or business
may qualify for an award under this section only if such individual,
organization, institution, or business--
(A) is nominated to the Majority and Minority Leaders of the Senate by a
current or former United States Senator;
(B) permits a rigorous evaluation by the Office of Technology Assessment of
the way in which such individual, organization, institution, or business
has demonstrated excellence in promoting United States industrial
competitiveness; 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.
(d) PRESENTATION OF AWARD-
(1) IN GENERAL- The Majority and Minority Leaders of the Senate shall make
the award to an individual and an organization, institution or business
that has demonstrated 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 with such ceremonies
as they may deem proper.
(3) PUBLICITY- An individual, organization, institution, or business to
which an award is made under 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 nominees and the public a summary of each
award winner's competitiveness 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
are authorized to seek and accept gifts from public and private sources
to defray the cost of implementing this section.
Attest:
Secretary.
HR 5739 EAS----2
HR 5739 EAS----3
HR 5739 EAS----4
HR 5739 EAS----5

971998297c7152418bdc93fe01e6398c47f31e3ef1c619718843093ce3c2d9cb

Export Enhancement Act of 1992

Other Sections

TITLE I

TITLE II

TITLE III

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