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(1) the term "United States exporter" means-
(A) a United States citizen,

(B) a corporation, partnership, or other association created under the laws of the United States or of any State,

or

(C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B),

that exports, or seeks to export, goods or services produced in the United States;

(2) the term "State" means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and

(3) the term "United States" means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

TITLE V-OTHER EXPORT PROMOTION ACTIVITIES

SEC. 501.10 ADDITIONAL PROCUREMENT OFFICERS.

(a) APPOINTMENT.-The Secretary of Commerce, in consultation with the Secretary of the Treasury, shall appoint one or more fulltime additional procurement officers, for each multilateral development bank, to promote exports of goods and services from the United States by doing the following:

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(1) Acting as the liaison between the business community and one or more multilateral development banks, whether or not the banks have offices in the United States. The Secretary of Commerce shall ensure that the procurement officer has access to, and disseminates to United States businesses, information relating to projects which are being proposed by the multilateral development bank involved, and bid specifications and deadlines for projects about to be developed by the bank. The procurement officer shall make special efforts to disseminate such information to small- and medium-sized businesses interested in participating in such projects. The procurement officer shall explore opportunities for disseminating such information through private sector, nonprofit organizations.

(2) Taking actions to assure that United States businesses are fully informed of bidding opportunities for projects for which loans have been made by the multilateral development bank involved.

(3) Taking actions to assure that United States businesses can focus on projects in which they have a particular interest or competitive advantage, and to permit them to compete and have an equal opportunity in submitting timely and conforming bidding documents.

(b) DEFINITION.-As used in this section, the term "multilateral development bank" has the meaning given that term in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c)).

10 22 U.S.C. 2628-2 note.

(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to the Secretary of Commerce $1,000,000 for each of the fiscal years 1993 and 1994 to carry out this section. Amounts appropriated pursuant to this subsection shall be available only for the purpose of making the appointment of additional procurement officers required by subsection (a).

TITLE VI-ENTERPRISE FOR THE AMERICAS INITIATIVE SEC. 601.11 SHORT TITLE.

This title may be cited as the "Enterprise for the Americas Act of 1992".

SEC. 604.12 INTERNATIONAL UNIVERSITY FOR THE AMERICAS.

(a) PURPOSE.—The purpose of this section is to promote economic integration and the consolidation and strengthening of democratic institutions in the Western Hemisphere, and to commemorate the 500th anniversary of the discovery of the Americas by Christopher Columbus through the establishment of an institution of higher education, which shall be known as the "International University for the Americas".

(b) ESTABLISHMENT.-The Secretary of State, in consultation with other governments in the Western Hemisphere, shall determine the most appropriate location for the International University for the Americas. In making that determination, the Secretary shall ensure that

(1) the location chosen is in the Americas and is easily accessible to all peoples in the region; and

(2) the relevant government—

(A) has demonstrated a commitment to economic integration and democratic values though its policies and programs; and

(B) has expressed an interest in that location being chosen as a site and has agreed to contribute some amount of assistance, either in cash or kind, toward the costs of developing the institution.

(c) FACULTY, STUDENTS, AND CURRICULUM.-In developing the bylaws of the International University for the Americas, the Secretary of State shall ensure that they contain provisions to ensure that faculty and students are drawn from all the nations in the Western Hemisphere, and that the curriculum is designed to develop expertise in fields that will promote the economic integration of the Americas and the consolidation of democracy throughout the Hemisphere.

(d) ANNUAL REPORT.-The annual reports submitted pursuant to section 614 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1738mm) shall include a progress report on

11 22 U.S.C. 2151 note. Title VI, sec. 602, amended the Foreign Assistance Act of 1961, adding a new Part IV-Enterprise for the Americas Initiative, codified at 22 U.S.C. 2430. For new text, see page 301. For other legislation and Executive orders on the Enterprise for the Americas, see page 899. 12 22 U.S.C. 2077.

the selection of a site and design for the establishment of the International University for the Americas.

(e) FUNDING.-Of the funds that are allocated for assistance for Latin America and the Caribbean under chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance) and chapter 4 of part II of that Act (relating to the economic support fund), $500,000 may be made available to carry out the site location and design phase of the International University for the Americas.

TITLE VII-TRADE PROMOTION EXPANSION

SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.

(a) AUTHORIZATION OF APPROPRIATIONS.-In addition to amounts otherwise available, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1993 and 1994 for use by the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service in accordance with subsection (b).

(b) USE OF FUNDS.-Amounts appropriated pursuant to subsection (a) shall be available only for placing and maintaining 20 additional Commercial Service Officers abroad. The Secretary of Commerce, acting through the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, may place such additional Commercial Service Officers(1) in countries with which the United States has the largest trade deficit, and

(2) in newly emerging market economy countries, with democratically elected governments, in Central and Eastern Europe and elsewhere.

(c) REPORT TO CONGRESS.-The Secretary of Commerce, acting through the Assistant Secretary of Commerce and the Director General of the United States and Foreign Commercial Service, shall, not later than December 31, 1994, submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of subsection (b). Each report shall specify

(1) in what countries the additional Commercial Service Officers were placed, and the number of such officers placed in each such country; and

(2) the effectiveness of the presence of the additional Commercial Service Officers in increasing United States exports to the countries in which such officers were placed.

TITLE VIII-GENERAL PROVISIONS

SEC. 801.13 IMPACT ON EMPLOYMENT IN THE UNITED STATES.

No funds made available to carry out any provision of this Act or the amendments made by this Act may be obligated or expended for any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enter

13 22 USC 2151 note.

prise to relocate outside the United States, if such incentive or inducement is likely to reduce the number of employees in the United States because United States production is being replaced by such enterprise outside the United States.

SEC. 802.13 INTERNATIONALLY RECOGNIZED WORKER RIGHTS.

No funds made available to carry out any provision of this Act or the amendments made by this Act may be obligated or expended for any project or activity that contributes to the violation of internationally recognized workers rights, as defined in section 502(a)(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone in that country.

d. Overseas Private Investment Corporation Amendments Act of

1988

Partial text of S. 2757, enacted into law by reference in sec. 555, Public Law 1001 461 [H.R. 4637], 102 Stat. 2268-36, approved October 1, 1988 1

TITLE I-OVERSEAS PRIVATE INVESTMENT CORPORATION SECTION 1. SHORT TITLE.

This Act may be cited as the "Overseas Private Investment Corporation Amendments Act of 1988".

SEC. 109. SMALL AND MINORITY-OWNED BUSINESSES. (a) FINDINGS.-The Congress finds that

(1) the Overseas Private Investment Corporation has a consistent record of encouraging United States business investment in the world's developing countries;

(2) 62 percent of the open projects supported by the Corporation during fiscal year 1987 were located in the poorest of developing countries; and

(3) United States small businesses participated in 34 percent of the open projects supported by the Corporation during fiscal year 1987.

(b) SENSE OF CONGRESS.-It is the sense of the Congress that

(1) the Overseas Private Investment Corporation should continue to encourage United States small businesses to invest in the world's developing countries; and

(2) the Corporation should continue to encourage United States small businesses that are minority-owned to invest in the world's developing countries as these businesses are well suited to the economic and social development needs of such countries.

Sec. 555 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268-36), enacted into law by reference title I of H.R 5263, as passed by the House of Representatives on September 20, 1988, and provided further "That notwithstanding any other provision of this Act, titles I and III of S. 2757 as reported by the Senate Committee on Foreign Relations on September 7, 1988, are hereby enacted into law".

Title I of H.R. 5263 and title I of S. 2757, in large part, amended chapter 2, title IV of the FA Act of 1961; for text see beginning at page 83. Sections 109 and ill, shown here, were freestanding provisions and were identical in both bills.

For text of title III of S. 2757 (concerning certain USIA programs), see Legislation on Foreign Relations Through 1992, vol. II.

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