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S 947 - 99

Overseas Private Investment Corporation Amendments Act of 1985

Became Public Law No: 99-204.

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Summary

48 Conference report filed in House Apr 4, 2004

(Conference report filed in House, H. Rept. 99-428) Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to change the per capita income requirements for countries receiving Overseas Private Investment Corporation (OPIC) projects and investments from 1979 dollars to 1983 dollars. Requires OPIC, in determining whether to provide insurance, financing, or reinsurance for a project, to ensure that the project is consistent with the provisions of the Foreign Assistance Act of 1961 relating to the environment and natural resources of, and biological diversity in, developing countries. Requires OPIC to refuse to insure, reinsure, guarantee, or finance any investment in connection with a project that will pose an unreasonable or major environmental, health, or safety hazard or will result in significant degradation of projected areas. Directs OPIC, before finally providing insurance, guarantees, or financing for any environmentally sensitive investment, to notify the country where the investment project is located of: (1) certain guidelines relating to the public health or safety or the environment which are applicable to the project; and (2) any U.S. health, safety, or environmental restrictions that would apply to the project if the project were undertaken in the United States. Directs OPIC, by September 30, 1986, to notify a country of such guidelines and restrictions that apply to any project in that country: (1) which OPIC identifies as potentially posing major hazards to public health and safety or the environment; and (2) for which OPIC provided insurance, guarantees, or financing before enactment of this Act. Makes certain requirements relating to environmental impact statements and assessments applicable to any investment which OPIC insures, reinsures, guarantees, or finances. Authorizes OPIC to insure, reinsure, guarantee, or finance a project only if the country in which the project is undertaken is taking steps to extend internationally recognized worker rights to workers in that country Authorizes the President to waive such condition if it is in the national interest. Provides for annual hearings on such questions. Authorizes OPIC to insure against loss due to business interruption caused by: (1) inability to convert into U.S. dollars other currencies; (2) an act of expropriation or confiscation by a foreign government; and (3) war, revolution, insurrection, or civil strife. Requires OPIC before issuing insurance for the first time for loss due to business interruption to submit to the Congress an explanation of the underwriting basis upon which the insurance is to be offered. Authorizes OPIC to determine the basis for computing loss due to business interruption. Increases the percentage of the maximum contingent liability of OPIC's investment guaranties that may be issued to a single investor. Authorizes OPIC to enter into pooling or other risk-sharing arrangements with multinational insurance or financing agencies or groups of such agencies. Directs OPIC to establish, within one year of enactment of this Act, a pilot program of facultative insurance providing reinsurance for insurers who issue insurance for new investments by eligible investors in excess of limits which OPIC would otherwise normally apply for its exposure to such investments. Limits OPIC's exposure under such program. Directs OPIC to establish a group to advise OPIC on the development and implementation of the program of facultative reinsurance. Requires OPIC to report to the Congress within 18 months of enactment of this Act on the implementation of the facultative reinsurance program. Extends OPIC's authority to issue investment insurance through September 30, 1989. Provides for an independent audit of OPIC at least once every three years. Exempts OPIC from all taxation. Directs OPIC to publish and make available to applicants for OPIC assistance OPIC's policy guidelines. Requires OPIC's annual report to the Congress to include projections of the employment effects in the United States of each project for which OPIC has provided financial support during the preceding fiscal year. Authorizes the report to present information and analysis in aggregate form under certain conditions. Directs OPIC to submit to the Congress by December 31, 1987, a report analyzing the actual effects, as of September 30, 1986, on U.S. employment of all projects which had OPIC support in effect on September 30, 1986. Directs the Comptroller General to report to the Congress, within one year of enactment of this Act, the impact on employment in the United States of the activities of OPIC. Deletes the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January 1, 1975. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment", "Overseas Private Investment Corporation", or "OPIC" as part of a private business. Makes certain technical amendments.

36 Passed House amended Apr 4, 2004

(Measure passed House, amended (Inserted Text of H.R. 3166 as passed House)) Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to change the per capita income requirements for countries receiving Overseas Private Investment Corporation (OPIC) projects and investments from 1979 dollars to 1983 dollars. Requires OPIC, in determining whether to provide insurance, financing, or reinsurance for a project, to ensure that the project is consistent with the provisions of the Foreign Assistance Act of 1961 relating to the environment and natural resources of, and biological diversity in, developing countries. Requires OPIC to refuse to insure, reinsure, guarantee, or finance any investment in connection with a project that will pose an unreasonable or major environmental, health, or safety hazard or will result in significant degradation of projected areas. Authorizes OPIC to insure, reinsure, guarantee, or finance a project only if the country in which the project is undertaken is taking steps to extend internationally recognized worker rights to workers in that country. Provides for annual hearings on such questions. Authorizes OPIC to insure against loss due to business interruption caused by: (1) inability to convert into U.S. dollars other currencies; (2) an act of expropriation or confiscation by a foreign government; and (3) war, revolution, insurrection, or civil strife. Requires OPIC before issuing insurance for the first time for loss due to business interruption to submit to the Congress an explanation of the underwriting basis upon which the insurance is to be offered. Increases the percentage of the maximum contingent liability of OPIC's investment guaranties that may be issued to a single investor. Authorizes OPIC to enter into pooling or other risk-sharing arrangements with multilateral insurance or financing agencies or groups of such agencies. Directs OPIC to establish, within one year of enactment of this Act, a pilot program of facultative insurance providing reinsurance for insurers who issue insurance for new investments by eligible investors in excess of limits which OPIC would otherwise normally apply for its exposure to such investments. Limits OPIC's exposure under such program. Directs OPIC to establish a group to advise OPIC on the development and implementation of the program of facultative reinsurance. Requires OPIC to report to the Congress within 18 months of enactment of this Act on the implementation of the facultative reinsurance program. Extends OPIC's authority to issue investment insurance through September 30, 1989. Authorizes OPIC to determine the basis for computing loss due to business interruption. Directs OPIC, before finally providing insurance, guarantees, or financing for any environmentally sensitive investment, to notify the country where the investment project is located of: (1) certain guidelines relating to the public health or safety or the environment which are applicable to the project; and (2) any U.S. health, safety, or environmental restrictions that would apply to the project if the project were undertaken in the United States. Directs OPIC, by September 30, 1986, to notify a country of such guidelines and restrictions that apply to any project in that country: (1) which OPIC identifies as potentially posing major hazards to public health and safety or the environment; and (2) for which OPIC provided insurance, guarantees, or financing before enactment of this Act. Provides for an independent audit of OPIC at least once every three years. Makes certain requirements relating to environmental impact statements and assessments applicable to any investment which OPIC insures, reinsures, guarantees, or finances. Exempts OPIC from all taxation. Directs OPIC to publish and make available to applicants for OPIC assistance OPIC's policy guidelines. Requires OPIC's annual report to the Congress to include a description of the employment effects in the United States of each project for which OPIC has provided financial support. Deletes the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January, 1, 1975. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment", "Overseas Private Investment Corporation", or "OPIC" as part of a private business. Makes certain technical amendments.

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended) Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to change the per capita income requirements for countries receiving Overseas Private Investment Corporation (OPIC) projects and investments from 1979 dollars to 1983 dollars. Authorizes OPIC to insure, reinsure, guarantee, or finance a project only if the country in which the project is undertaken is taking steps to extend internationally recognized worker rights to workers in that country. Provides for annual hearings on such questions. Declares that this provision does not prohibit OPIC from providing insurance, reinsurance, guaranties, or financing with respect to a country if the President determines such activities would be in the national economic interest. Increases the percentage of the maximum contingent liability of OPIC's investment guaranties that may be issued to a single investor. Directs OPIC to establish, within one year of enactment of this Act, a pilot program of facultative insurance providing reinsurance for insurers who issue insurance for new investments by eligible investors in excess of limits which OPIC would otherwise normally apply for its exposure to such investments. Limits OPIC's exposure under such program. Directs OPIC to establish a group to advise OPIC on the development and implementation of the program of facultative reinsurance. Requires OPIC to report to the Congress within 18 months of enactment of this Act on the implementation of the facultative reinsurance program. Extends OPIC's authority to issue investment insurance through July 1, 1987 Provides for an independent audit of OPIC at least once every three years. Exempts OPIC from all taxation Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment", "Overseas Private Investment Corporation", or "OPIC" as part of a private business. Amends the Foreign Assistance Act of 1961 to delete the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January 1, 1975. Amends the Overseas Private Investment Corporation Amendments Act of 1981 to repeal a provision dealing with a report due on June 30, 1982. Directs the Comptroller General to study and report to the Congress on the impact on employment in the United States of the activities of OPIC.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Committee on Foreign Relations with amendment, S. Rept. 99-156) Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to change the per capita income requirements for countries receiving Overseas Private Investment Corporation (OPIC) projects and investments from 1979 dollars to 1983 dollars. Authorizes OPIC to insure, reinsure, guarantee, or finance a project only if the country in which the project is undertaken is taking steps to extend internationally recognized worker rights to workers in that country. Provides for annual hearings on such questions. Declares that this provision does not prohibit OPIC from providing insurance, reinsurance, guaranties, or financing with respect to a country if the President determines such activities would be in the national economic interest. Increases the percentage of the maximum contingent liability of OPIC's investment guaranties that may be issued to a single investor. Directs OPIC to establish, within one year of enactment of this Act, a pilot program of facultative insurance providing reinsurance for insurers who issue insurance for new investments by eligible investors in excess of limits which OPIC would otherwise normally apply for its exposure to such investments. Limits OPIC's exposure under such program. Directs OPIC to establish a group to advise OPIC on the development and implementation of the program of facultative reinsurance. Requires OPIC to report to the Congress within 18 months of enactment of this Act on the implementation of the facultative reinsurance program. Extends OPIC's authority to issue investment insurance through September 30, 1989. Provides for an independent audit of OPIC at least once every three years. Exempts OPIC from all taxation. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment", "Overseas Private Investment Corporation", or "OPIC" as part of a private business. Amends the Foreign Assistance Act of 1961 to delete the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January 1, 1975. Amends the Overseas Private Investment Corporation Amendments Act of 1981 to repeal a provision dealing with a report due on June 30, 1982.

00 Introduced in Senate Apr 4, 2004

Overseas Private Investment Corporation Amendments Act of 1985 - Amends the Foreign Assistance Act of 1961 to increase the per capita income minimums that qualify less developed countries for preferential consideration for Overseas Private Investment Corporation (OPIC) projects. Increases the number of OPIC employees whose appointments are not subject to civil service laws and regulations. Authorizes OPIC to insure against loss due to business interruption. (Current law authorizes insurance against civil strife.) Requires OPIC to report to the Congress, before issuing such insurance, an explanation of the underwriting basis upon which the business interruption insurance is to be offered. Increases from ten to 25 percent of contingent liability of investment guaranties which OPIC is authorized to issue to a single investor. Extends OPIC's authority to issue investment insurance through FY 1989. Authorizes OPIC to determine the basis for computing loss due to business interruption. Authorizes OPIC to hire an accounting firm to audit its accounts. Authorizes the General Accounting Office to conduct such audits at least every three years and report such audit to the Congress. Exempts OPIC from taxation. Deletes the provision requiring OPIC to return to the Treasury funds appropriated to OPIC before January 1, 1975. Increases the number of development assistance personnel whose appointments are exempted from civil service laws. Amends the Federal criminal code to prohibit the use of the words "Overseas Private Investment," "Overseas Private Investment Corporation," or "OPIC" as part of a private business.

Sponsors

Timeline

Dec 23, 1985

Signed by President.

Dec 23, 1985

Signed by President.

Dec 23, 1985

Became Public Law No: 99-204.

Dec 23, 1985

Became Public Law No: 99-204.

Dec 13, 1985

Presented to President.

Dec 13, 1985

Presented to President.

Dec 12, 1985

Conference report considered in Senate.

Dec 12, 1985

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Dec 12, 1985

Senate agreed to conference report by Voice Vote.

Dec 12, 1985

Measure Signed in Senate.

Dec 11, 1985

Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.

Dec 11, 1985

House Agreed to Conference Report by Voice Vote.

Dec 10, 1985

Conference committee actions: Conferees agreed to file conference report.

Dec 10, 1985

Conferees agreed to file conference report.

Dec 10, 1985

Conference report filed: Conference Report 99-428 Filed in House.

Dec 10, 1985

Conference Report 99-428 Filed in House.

Dec 5, 1985

Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.

Dec 5, 1985

Senate disagreed to the House amendments by Voice Vote.

Dec 5, 1985

Senate agreed to request for conference. Appointed conferees. Lugar; Mathias; Evans; Pell; Sarbanes.

Dec 3, 1985

Called up by House by Unanimous Consent.

Dec 3, 1985

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Dec 3, 1985

Passed House (Amended) by Voice Vote.

Dec 3, 1985

House Incorporated H.R.3166 in This Measure as an Amendment.

Dec 3, 1985

Resolving differences -- House actions: House Insisted on its Amendments by Voice Vote.

Dec 3, 1985

House Insisted on its Amendments by Voice Vote.

Dec 3, 1985

House Requested a Conference and Speaker Appointed Conferees: Fascell, Hamilton, Bonker, Mica, Gejdenson, Berman, Broomfield, Lagomarsino, Roth, Bereuter.

Nov 14, 1985

Measure laid before Senate by unanimous consent.

Nov 14, 1985

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Nov 14, 1985

Passed Senate with amendments by Voice Vote.

Oct 10, 1985

Committee on Foreign Relations. Reported to Senate by Senator Lugar with an amendment in the nature of a substitute. With written report No. 99-156.

Oct 10, 1985

Committee on Foreign Relations. Reported to Senate by Senator Lugar with an amendment in the nature of a substitute. With written report No. 99-156.

Oct 10, 1985

Placed on Senate Legislative Calendar under General Orders. Calendar No. 343.

Oct 1, 1985

Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sep 24, 1985

Committee on Foreign Relations. Committee consideration and Mark Up Session held.

Jul 25, 1985

Subcommittee on International Economic Policy. Hearings held.

Apr 18, 1985

Introduced in Senate

Apr 18, 1985

Read twice and referred to the Committee on Foreign Relations.

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