HR 4996 CDS
102d CONGRESS
2d Session
H. R. 4996
IN THE SENATE OF THE UNITED STATES
September 10 (legislative day, SEPTEMBER 8), 1992
Received; read twice and referred to the Committee on Foreign Relations
October 1 (legislative day, SEPTEMBER 30), 1992
Committee discharged
AN ACT
To extend the authorities of the Overseas Private Investment Corporation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Jobs Through Exports Act of 1992'.

85da525196fe81bbb3e68cf198579bab54c6ce7e7eb5e5a5ebcf1aa38bc9720c

This title may be cited as the `Overseas Private Investment Corporation
Amendments Act of 1992'.

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TITLE I

-OVERSEAS PRIVATE INVESTMENT CORPORATION

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Section 661 of the Foreign Assistance Act of 1961 is amended to read
as follows:
`SEC. 661. TRADE AND DEVELOPMENT AGENCY.
`(a) PURPOSE- The Trade and Development Agency shall be an agency of
the United States under the foreign policy guidance of the Secretary of
State. The purpose of the Trade and Development Agency is to promote United
States private sector participation in development projects in developing
and middle-income countries.
`(b) AUTHORITY TO PROVIDE ASSISTANCE-
`(1) AUTHORITY- The Director of the Trade and Development Agency is
authorized to work with foreign countries, including those in which
the United States development programs have been concluded or those not
receiving assistance under part I, to carry out the purpose of this section
by providing funds for feasibility studies, architectural and engineering
design, and other activities related to development projects which provide
opportunities for the use of United States exports.
`(2) USE OF FUNDS- Funds under this section may be used to provide support
for feasibility studies for the planning, development, and management of,
and procurement for, bilateral and multilateral development projects,
including training activities undertaken in connection with a project,
for the purpose of promoting the use of United States goods and services in
such projects. Funds under this section may also be used for architectural
and engineering design, including--
`(A) concept design, which establishes the basic technical and operational
criteria for a project, such as architectural drawings for a proposed
facility, evaluation of site constraints, procurement requirements, and
equipment specifications; and
`(B) detail design, which sets forth specific dimensions and criteria
for structural, mechanical, electrical, and architectural operations,
and identifies other resources required for project operations.
`(3) INFORMATION DISSEMINATION- (A) The Trade and Development Agency shall
disseminate information about its project activities to the private sector.
`(B) Other agencies of the United States Government shall cooperate
with the Trade and Development Agency in order for the Agency to provide
more effectively informational services to persons in the private sector
concerning trade development and export promotion related to development
projects.
`(4) NONAPPLICABILITY OF OTHER PROVISIONS- Any funds used for purposes of
this section may be used notwithstanding any other provision of law.
`(c) DIRECTOR AND PERSONNEL-
`(1) DIRECTOR- There shall be at the head of the Trade and Development
Agency a Director who shall be appointed by the President, by and with
the advice and consent of the Senate.
`(2) OFFICERS AND EMPLOYEES- (A) The Director may appoint such officers
and employees of the Trade and Development Agency as the Director considers
appropriate.
`(B) The officers and employees appointed under this paragraph shall have
such functions as the Director may determine.
`(C) Of the officers and employees appointed under this paragraph, 2 may be
appointed without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be compensated
without regard to the provisions of chapter 51 or subchapter III of chapter
53 of such title.
`(D) Under such regulations as the President may prescribe, any individual
appointed under subparagraph (C) may be entitled, upon removal (except for
cause) from the position to which the appointment was made, to reinstatement
to the position occupied by that individual at the time of appointment or
to a position of comparable grade and pay.
`(d) ANNUAL REPORT- The President shall, not later than December 31 of
each year, submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
a report on the activities of the Trade and Development Agency in the
preceding fiscal year.
`(e) AUDITS-
`(1) IN GENERAL- The Trade and Development Agency shall be subject to
the provisions of chapter 35 of title 31, United States Code, except as
otherwise provided in this section.
`(2) INDEPENDENT AUDIT- An independent certified public accountant shall
perform a financial and compliance audit of the financial statements
of the Trade and Development Agency each year, in accordance with
generally accepted Government auditing standards for a financial and
compliance audit, taking into consideration any standards recommended
by the Comptroller General. The independent certified public accountant
shall report the results of such audit to the Director of the Trade and
Development Agency. The financial statements of the Trade and Development
Agency shall be presented in accordance with generally accepted accounting
principles. These financial statements and the report of the accountant
shall be included in a report which contains, to the extent applicable,
the information identified in section 3512 of title 31, United States Code,
and which the Trade and Development Agency shall submit to the Congress not
later than 6 1/2  months after the end of the last fiscal year covered by
the audit. The Comptroller General may review the audit conducted by the
accountant and the report to the Congress in the manner and at such times
as the Comptroller General considers necessary.
`(3) AUDIT BY COMPTROLLER GENERAL- In lieu of the financial and compliance
audit required by paragraph (2), the Comptroller General shall, if the
Comptroller General considers it necessary or upon the request of the
Congress, audit the financial statements of the Trade and Development
Agency in the manner provided in paragraph (2).
`(4) AVAILABILITY OF INFORMATION- All books, accounts, financial records,
reports, files, workpapers, and property belonging to or in use by the
Trade and Development Agency and the accountant who conducts the audit
under paragraph (2), which are necessary for purposes of this subsection,
shall be made available to the representatives of the General Accounting
Office designated by the Comptroller General.
`(f) FUNDING-
`(1) AUTHORIZATION- There are authorized to be appropriated for purposes of
this section, in addition to funds otherwise available for such purposes,
$55,000,000 for fiscal year 1992 and $70,000,000 for fiscal year 1993.
`(2) FUNDING FOR TECHNICAL ASSISTANCE GRANTS BY MULTILATERAL DEVELOPMENT
BANKS- (A) The Trade and Development Agency should, in fiscal years 1992 and
1993, substantially increase the amount of funds it provides to multilateral
development banks for technical assistance grants.
`(B) As used in subparagraph (A)--
`(i) the term `technical assistance grants' means funding by multilateral
development banks of services from the United States in connection with
projects and programs supported by such banks, including, but not limited
to, engineering, design, and consulting services; and
`(ii) the term `multilateral development bank' has the meaning given that
term in section 1701(c) of the International Financial Institutions Act.'.

8bbbd21fad0cc640013bdd4ea6309c0d1e06f748186b0a2aeacd11ee1a251ff9

TITLE II

-TRADE AND DEVELOPMENT AGENCY

(a) RENAMING OF TRADE AND DEVELOPMENT PROGRAM- The Trade and Development
Program shall, on or after the effective date of this section, be known
as the Trade and Development Agency.
(b) APPOINTMENT OF PRESENT DIRECTOR NOT AFFECTED- The enactment of this
title shall not affect the appointment of the individual who is the Director
of the Trade and Development Program on the effective date of this section.
(c) TRADE AND DEVELOPMENT ENHANCEMENT ACT OF 1983- (1) Sections 644, 645,
and 646 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635q,
635r, and 635s) are each amended by striking `Trade and Development Program'
each place it appears and inserting `Trade and Development Agency'.
(2) The section heading for section 645 of such Act is amended by striking
`TRADE AND DEVELOPMENT PROGRAM' and inserting `TRADE AND DEVELOPMENT AGENCY'.
(d) TITLE 5- Section 5314 of title 5, United States Code, is amended by
striking out
`Director, Trade and Development Program.'
and inserting in lieu thereof
`Director, Trade and Development Agency.'.
(e) REFERENCE IN OTHER LAWS- Any reference in any law to the Trade and
Development Program shall be deemed to be a reference to the Trade and
Development Agency.

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This title may be cited as the `Aid, Trade, and Competitiveness Act of 1992'.

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TITLE III

-AID, TRADE, AND COMPETITIVENESS

DEVELOPMENT.
(a) ESTABLISHMENT OF OFFICE- The Administrator of the Agency for
International Development shall establish a capital projects office to
carry out the purposes described in subsection (b).
(b) PURPOSES OF OFFICE- The purposes referred to in subsection (a) are--
(1) to develop an AID program that would focus solely on developmentally
sound capital projects, taking into consideration development needs of
the host country and the export opportunities for the United States; and
(2) to consider specifically opportunities for United States high-technology
firms, including small- and medium-sized firms, in supporting capital
projects for developing countries and for countries making the transition
from nonmarket to market economies.
(c) ACTIVITIES OF AID- The Administrator of AID (acting through the capital
projects office), after consultation with the Trade and Development Agency
and, where appropriate, the Export-Import Bank of the United States--
(1) shall support capital projects in developing countries and in countries
making the transition from nonmarket to market economies;
(2) shall periodically review infrastructure needs in developing countries
and countries making the transition from nonmarket to market economies and
shall explore opportunities for United States firms in the development of
new capital projects in these countries, keeping both United States firms
and the Congress informed of these reviews;
(3) shall determine whether each capital project for which AID provides
funding is developmentally sound, as determined under the criteria developed
by the Development Assistance Committee of the Organization for Economic
Cooperation and Development;
(4) shall coordinate its activities with other AID offices, and work
with AID country missions, in developing capital projects that provide
opportunities for United States firms consistent with AID's primary mission
to help developing countries with traditional development projects;
(5) shall coordinate, where appropriate, funds available to AID for tied-aid
credits; and
(6) shall play a special role in helping to meet the infrastructure needs
of countries making the transition from nonmarket to market economies by
meeting the challenge of infrastructure assistance provided by foreign
governments to those countries, including by undertaking a comprehensive
study of the infrastructure needs of the various countries making the
transition from nonmarket to market economies--
(A) to identify those sectors in the economies of these countries that
are most in need of rebuilding, and
(B) to identify the state of technology in these countries and the
opportunity for United States high technology firms to help develop a
technological infrastructure in these countries, including an assessment
of export opportunities for United States high technology companies.
The results of the study conducted pursuant to paragraph (6) shall be reported
to the appropriate congressional committees within 12 months after the date
of the enactment of this Act.

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The President shall utilize the existing interagency coordinating mechanism
to coordinate activities under this title with other relevant activities
of the United States Government.

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Not later than February 1, 1993, and each year thereafter, the President
shall submit to the Congress a report describing--
(1) the extent to which United States Government resources have been
expended specifically to support capital projects in developing countries
and countries making the transition from nonmarket to market economies;
(2) the extent to which the activities of the United States Government
have been coordinated pursuant to section 303; and
(3) the extent to which United States Government capital projects and
tied-aid credit programs have affected United States exports.

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DEVELOPMENT.
If the negotiations for the implementation of the December 16, 1991,
agreement within the Organization for Economic Cooperation and Development
have not been completed by August 1, 1992, the Secretary of the Treasury,
together with the President of the Bank, shall submit a report to the
Congress on the status of the negotiations, including an analysis of the
negotiations since 1987, the causes for the failure to reach an agreement by
that date, and reasons the United States Government believes that continued
negotiations will result in achieving the implementation of such agreement.

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The Congress strongly urges the President to use at least $650,000,000
for fiscal year 1992 and at least $700,000,000 for fiscal year 1993 of the
total amounts made available for assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating to the economic support fund),
assistance under the Multilateral Assistance Initiative for the Philippines,
and assistance under the Support for East European Democracy (SEED) Act of
1989, for grants for developmentally sound capital projects. Such grants
may be combined with financing offered by private financial entities or
other entities. Funds for grants under this section may not be used from
amounts appropriated to carry out chapter 1 or chapter 10 of part I of
the Foreign Assistance Act of 1961.

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CAPITAL PROJECTS.
Not later than September 1, 1992, the President shall submit to the Committee
on Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate a report on the feasibility of allowing
AID to offer credit guarantees for the financing of capital projects.

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For purposes of this title--
(1) the term `AID' means the Agency for International Development;
(2) the term `capital project' means a project involving the construction,
expansion, alteration of, or the acquisition of equipment for, a physical
facility or physical infrastructure, including related engineering design
(concept and detail) and other services, the procurement of equipment
(including any related services), and feasibility studies or similar
engineering and economic services; and
(3) the term `tied-aid credit' has the meaning given to such term in
section 15(h)(1) of the Export-Import Bank Act of 1945.

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AGENCY FOR FISCAL YEAR 1993.
In addition to amounts otherwise authorized to be appropriated, there
are authorized to be appropriated for the Trade and Development Agency
$20,000,000 for fiscal year 1993 to carry out section 661 of the Foreign
Assistance Act of 1961.

52fba4b48f03ef2fc2db30a44a4d47390a4592e6a10ef7a23a42943fd1a79e3a

(a) ESTABLISHMENT- The Secretary of Commerce, in his or her role as Chair
of the Trade Promotion Coordinating Committee, shall establish, as a
5-year pilot program, a United States Commercial Center (hereinafter in
this section referred to as a `Center') in one of the independent states
of the former Soviet Union or one of the Baltic states, in one country in
Asia, in one country in Latin America, and in one country in Africa.
(b) PURPOSE OF THE CENTERS- The purpose of the Centers shall be to provide
additional resources for the promotion of exports of United States goods and
services to the host countries, by familiarizing United States exporters
with the industries, markets, and customs of the host countries, thus
facilitating commercial ties and trade.
(c) FUNCTIONS OF THE CENTERS- Each Center shall--
(1) collect and publish economic and market data with respect to the
host country;
(2) provide, on a user-fee basis, preliminary technical and clerical
assistance, language translation, and administrative assistance, and
information regarding the legal systems, laws, regulations, and procedures
of the host country, to United States exporters seeking to do business in
the host country; and
(3) in other ways promote exports of United States goods and services to
the host country.
(d) SPECIFIC SERVICES TO BE PROVIDED- To carry out its objectives, each
Center shall make available the following (on a user-fee basis):
(1) BUSINESS FACILITIES- Business facilities, including exhibition space,
conference rooms, office space (including telephones and other basic office
equipment), and, where warranted by impeding deficiencies in the public
system, high quality international telecommunications facilities.
(2) BUSINESS SERVICES- Business support services, including language
translation services, clerical services, and a commercial library containing
a comprehensive collection of reference materials covering United States
and host country industries and markets.
(3) COMMERCIAL LAW INFORMATION SERVICES- Commercial law information
services, including--
(A) a clearing house for information regarding the relevant commercial laws,
practices, and regulations of the host country;
(B) publications to assist United States businesses;
(C) legal referral services; and
(D) lists of local agents and distributors.
(e) OTHER TRADE PROMOTION ACTIVITIES- Each Center shall also promote United
States export trade by--
(1) facilitating contacts between buyers, sellers, bankers, traders,
distributors, agents, and necessary government officials from the United
States and the host country;
(2) coordinating trade missions; and
(3) assisting with applications, contracts, and clearances for imports
into the host country and exports from the United States.
(f) STAFFING OF CENTERS-
(1) IN GENERAL- Each Center shall be staffed by members of the United States
and Foreign Commercial Service, participants in the Market Development
Cooperator Program established under section 2303 of the Export Enhancement
Act of 1988 (15 U.S.C. 4723), other employees of the Department of Commerce,
employees of appropriate executive branch departments and agencies which
are members of the Trade Promotion Coordinating Committee, and Foreign
Trade Fellows appointed pursuant to paragraph (2).
(2) FOREIGN TRADE FELLOWS- The Secretary of Commerce shall appoint United
States citizens as Foreign Trade Fellows to assist United States Government
employees in staffing the Centers. The Secretary shall actively recruit
individuals to serve as Foreign Trade Fellows from United States businesses,
trade associations, labor unions, and the academic community. In order
to facilitate the service of individuals (such as those from the academic
community and smaller businesses) as Foreign Trade Fellows, the Secretary
may make grants or provide stipends to Foreign Trade Fellows and may
reimburse them for expenses they incur as the result of their service as
Foreign Trade Fellows.
(g) CENTER FACILITIES AND THEIR RELATIONSHIP TO UNITED STATES DEPARTMENT
OF COMMERCE OPERATIONS IN HOST COUNTRIES-
(1) PHYSICAL ACCOMMODATIONS FOR THE CENTERS- The Secretary of Commerce
shall locate each Center in the primary commercial city of the host
country. The Secretary shall acquire office space, exhibition space,
and other facilities and equipment that are necessary for each Center
to perform its functions. To the extent feasible, each Center shall be
located in the central commercial district of the host city.
(2) CONSOLIDATION OF DEPARTMENT OF COMMERCE OPERATIONS IN HOST COUNTRIES-
For the purpose of obtaining maximum effectiveness and efficiency and to
the extent consistent with the purposes of the Centers, the Secretary
of Commerce is authorized and encouraged to place all personnel of the
Department of Commerce who are assigned to the city in which a Center
is located in the same facilities as those in which the Center conducts
its activities. The Secretary is authorized and encouraged to integrate
activities of the Department of Commerce in the host country.
(h) USE OF MARKET DEVELOPMENT COOPERATOR PROGRAM- The Secretary of Commerce
shall, to the greatest extent feasible, use the Market Development Cooperator
Program established under section 2303 of the Export Enhancement Act of
1988 (15 U.S.C. 4723) to assist in carrying out the purposes of the Centers
established under this section.
(i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Commerce to carry out this section $8,000,000 for fiscal
year 1993, and $5,500,000 for each of the fiscal years 1994, 1995, 1996,
and 1997. Funds made available under this subsection may be used for the
acquisition of real property.
(j) REPORTS TO CONGRESS- The Secretary of Commerce shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate, not later
than 1 year after the date of the enactment of this Act, and not later
than the end of each 1-year period occurring thereafter, a report on the
status, activities, and effectiveness of the Centers. Each such report shall
include any recommendations with respect to the pilot program established
under this section.
(k) DEFINITIONS- For purposes of this section--
(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,
(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.

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TITLE IV

-UNITED STATES COMMERCIAL CENTERS

(a) APPOINTMENT- The Secretary of Commerce shall appoint one or more
full-time additional procurement officers to promote exports of goods and
services from the United States by doing the following:
(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)).

80a40bcaa88be14503d3f2aa5ba3e0cda5c5e8be7d34650a5b350e751b11115a

TITLE V

-OTHER EXPORT PROMOTION ACTIVITIES

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

7c336d1be240d734106a4af6e45148505ab4150821379194b67f80275ff1e9c6

TITLE VI

-ENTERPRISE FOR THE AMERICAS INITIATIVE

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, and child survival
and child development. 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.

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For purposes of this title--
(1) the term `administering body' means the entity provided for in section
609(c);
(2) the term `Americas Framework Agreement' means the agreement provided
for in section 609;
(3) the term `Americas Fund' means an Enterprise for the Americas Fund
provided for in section 608(a);
(4) the term `appropriate congressional committees' means the Committee
on Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate;
(5) the term `beneficiary country' means an eligible country with respect
to which the authority of section 605(a)(1) is exercised;
(6) the term `eligible country' means a country designated by the President
in accordance with section 604;
(7) the term `Enterprise for the Americas Board' or `Board' means the
board established by section 610 of Agricultural Trade Development and
Assistance Act of 1954 (as amended by section 610(b) of this title); and
(8) the term `Facility' means the Enterprise for the Americas Facility
established in the Department of the Treasury by section 601 of that Act.

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(a) REQUIREMENTS- To be eligible for benefits from the Facility under this
title, a country must be a Latin American or Caribbean country--
(1) whose government is democratically elected;
(2) whose government has not repeatedly provided support for acts of
international terrorism;
(3) whose government cooperates on international narcotics control matters;
(4) whose government (including its military or other security forces) does
not engage in a consistent pattern of gross violations of internationally
recognized human rights;
(5) that has in effect, has received approval for, or, as appropriate in
exceptional circumstances, is making significant progress toward--
(A) an International Monetary Fund standby arrangement, extended Fund
arrangement, or an arrangement under the structural adjustment facility or
enhanced structural adjustment facility, or in exceptional circumstances,
a Fund monitored program or its equivalent, unless the President determines
(after consultation with the Enterprise for the Americas Board) that such
an arrangement or program (or its equivalent) could reasonably be expected
to have significant adverse social or environmental effects; and
(B) as appropriate, structural or sectoral adjustment loans from the
International Bank for Reconstruction and Development or the International
Development Association, unless the President determines (after consultation
with the Enterprise for the Americas Board) that the resulting adjustment
requirements could reasonably be expected to have significant adverse
social or environmental effects;
(6) has put in place major investment reforms in conjunction with an
Inter-American Development Bank loan or otherwise is implementing, or is
making significant progress toward, an open investment regime; and
(7) if appropriate, has agreed with its commercial bank lenders on a
satisfactory financing program, including, as appropriate, debt or debt
service reduction.
(b) ELIGIBILITY DETERMINATIONS- Consistent with subsection (a), the President
shall determine whether a country is eligible to receive benefits under this
title. The President shall notify the appropriate congressional committees
of his intention to designate a country as an eligible country at least
15 days in advance of any formal determination.

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(a) AUTHORITY TO REDUCE DEBT-
(1) AUTHORITY- The President may reduce the amount owed to the United States
(or any agency of the United States) that is outstanding as of January
1, 1991, as a result of concessional loans made to an eligible country
by the United States under part I of the Foreign Assistance Act of 1961
(or predecessor foreign economic assistance legislation).
(2) APPROPRIATIONS ACT REQUIREMENT- The authority of this section may
be exercised only in such amounts or to such extent as is specifically
provided in advance by appropriations Acts.
(3) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to this
section shall not be considered assistance for purposes of any provision
of law limiting assistance to a country.
(b) IMPLEMENTATION OF DEBT REDUCTION-
(1) IN GENERAL- Any debt reduction pursuant to subsection (a) shall
be accomplished at the direction of the Facility by the exchange of a
new obligation for obligations outstanding as of the date specified in
subsection (a)(1).
(2) EXCHANGE OF OBLIGATIONS- The Facility shall notify the agency primarily
responsible for administering part I of the Foreign Assistance Act of 1961
of the agreement with an eligible country to exchange a new obligation
for outstanding obligations pursuant to this subsection. At the direction
of the Facility, the old obligations shall be canceled and a new debt
obligation for the country shall be established, and the agency primarily
responsible for administering part I of that Act shall make an adjustment
in its accounts to reflect the debt reduction.

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(a) CURRENCY OF PAYMENT- The principal amount of each new obligation issued
pursuant to section 605(b) shall be repaid in United States dollars.
(b) DEPOSIT OF PAYMENTS- Principal repayments of new obligations shall be
deposited in the United States Government account established for principal
repayments of the obligations for which those obligations were exchanged.

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(a) RATE OF INTEREST- New obligations issued by a beneficiary country
pursuant to section 605(b) shall bear interest at a concessional rate.
(b) CURRENCY OF PAYMENT; DEPOSITS-
(1) LOCAL CURRENCY- If the beneficiary country has entered into an Americas
Framework Agreement under section 609, interest shall be paid in the
local currency of the beneficiary country and deposited in the Americas
Fund provided for in section 608(a). Such interest shall be the property
of the beneficiary country, until such time as it is disbursed pursuant
to section 608(d). Such local currencies shall be used for the purposes
specified in the Americas Framework Agreement.
(2) UNITED STATES DOLLARS- If the beneficiary country has not entered into
an Americas Framework Agreement under section 609, interest shall be paid
in United States dollars and deposited in the United States Government
account established for interest payments of the obligations for which
the new obligations were exchanged.
(c) INTEREST ALREADY PAID- If a beneficiary country enters into an Americas
Framework Agreement subsequent to the date on which interest first became
due on the newly issued obligation, any interest already paid on such new
obligation shall not be redeposited into the Americas Fund established
for that country pursuant to section 608(a).

1fe51410fefde791ce6ce0663298199bced5b9bf8f3a152fc1e8650ec956a55e

FOR THE AMERICAS FUND.
(a) ESTABLISHMENT- Each beneficiary country that enters into an Americas
Framework Agreement under section 609 shall be required to establish an
Enterprise for the Americas Fund to receive payments in local currency
pursuant to section 607(b)(1).
(b) DEPOSITS- Local currencies deposited in an Americas Fund shall not
be considered assistance for purposes of any provision of law limiting
assistance to a country.
(c) INVESTMENT- Deposits made in an Americas Fund shall be invested until
disbursed. Any return on such investment may be retained by the Americas
Fund, without deposit in the Treasury of the United States and without
further appropriation by Congress.
(d) DISBURSEMENTS- Funds in an Americas Fund shall be disbursed only
pursuant to an Americas Framework Agreement under section 609.

7eb1ac47857fdf96d6ec0d38078df716ade4847dccbea63f4c179b4cc91bb15b

(a) AUTHORITY- The Secretary of State is authorized, in consultation with
other appropriate Government officials, to enter into an Americas Framework
Agreement with any eligible country concerning the operation and use of
the Americas Fund for that country. In the negotiation of such Agreements,
the Secretary shall consult with the Enterprise for the Americas Board in
accordance with section 610.
(b) CONTENTS OF AGREEMENTS- An Americas Framework Agreement with an eligible
country shall--
(1) require that country to establish an Americas Fund;
(2) require that country to make interest payments under section 607(b)(1)
into an Americas Fund;
(3) require that country to make prompt disbursements from the Americas
Fund to the administering body described in subsection (c);
(4) when appropriate, seek to maintain the value of the local currency
resources of the Americas Fund in terms of United States dollars;
(5) specify, in accordance with subsection (d), the purposes for which
amounts in an Americas Fund may be used; and
(6) contain reasonable provisions for the enforcement of the terms of
the agreement.
(c) ADMINISTERING BODY-
(1) IN GENERAL- Funds disbursed from the Americas Fund in each beneficiary
country shall be administered by a body constituted under the laws of
that country.
(2) COMPOSITION- The administering body shall consist of--
(A) one or more individuals appointed by the United States Government,
(B) one or more individuals appointed by the government of the beneficiary
country, and
(C) individuals who represent a broad range of--
(i) environmental nongovernmental organizations of the beneficiary country,
(ii) child survival and child development nongovernmental organizations
of the beneficiary country,
(iii) local community development nongovernmental organizations of the
beneficiary country, and
(iv) scientific or academic organizations or institutions of the beneficiary
country.
A majority of the members of the administering body shall be individuals
described in subparagraph (C).
(3) RESPONSIBILITIES- The administering body--
(A) shall receive proposals for grant assistance from  eligible grant
recipients (as determined under subsection (e)) and make grants to eligible
grant recipients in accordance with the priorities agreed upon in the
Americas Framework Agreement, consistent with subsection (d);
(B) shall be responsible for the management of the program and oversight
of grant activities funded from resources of the Americas Fund;
(C) shall be subject, on an annual basis, to an audit of financial statements
conducted in accordance with generally accepted auditing standards by an
independent auditor;
(D) shall be required to grant to representatives of the United States
General Accounting Office such access to books and records associated with
operations of the Americas Fund as the Comptroller General of the United
States may request;
(E) shall present an annual program for review each year by the Enterprise
for the Americas Board; and
(F) shall submit a report each year on the activities that it undertook
during the previous year to the Chair of the Enterprise for the Americas
Board and to the government of the beneficiary country.
(d) ELIGIBLE ACTIVITIES- Grants from an Americas Fund shall be used for--
(1) activities that link the conservation and sustainable use of natural
resources with local community development; and
(2) child survival and other child development activities.
(e) GRANT RECIPIENTS- Grants made from an Americas Fund shall be made to--
(1) nongovernmental environmental, conservation, child survival and child
development, development, and indigenous peoples organizations of the
beneficiary country;
(2) other appropriate local or regional entities; and
(3) in exceptional circumstances, the government of the beneficiary country.
(f) REVIEW OF LARGER GRANTS- Any grant of more than $100,000 from an
Americas Fund shall be subject to veto by the Government of the United
States or the government of the beneficiary country.
(g) ELIGIBILITY CRITERIA- In the event that a country ceases to meet the
eligibility requirements set forth in section 604(a), as determined by
the President pursuant to section 604(b), then grants from the Americas
Fund for that country may only be made to nongovernmental organizations
until such time as the President determines that such country meets the
eligibility requirements set forth in section 604(a).

ebc889bbdebe7e46f74684d0819b000b28a0bdfdeac107fda5409a56e85c424b

(a) RESPONSIBILITIES- For purposes of this title, the Enterprise for the
Americas Board shall--
(1) advise the Secretary of State on the negotiations of Americas Framework
Agreements pursuant to section 609;
(2) ensure, in consultation with--
(A) the government of the beneficiary country,
(B) nongovernmental organizations of the beneficiary country,
(C) nongovernmental organizations of the region (if appropriate),
(D) environmental, scientific, child survival and child development,
and academic leaders of the beneficiary country, and
(E) environmental, scientific, child survival and child development,
and academic leaders of the region (as appropriate),
that a suitable administering body is identified for each Americas Fund; and
(3) review the programs, operations, and fiscal audits of each administering
body.
(b) AMENDMENTS RELATING TO THE BOARD- Section 610 of the Agricultural
Trade Development and Assistance Act of 1954 is amended--
(1) in the section heading, by striking out `ENVIRONMENT' and inserting
in lieu thereof `ENTERPRISE';
(2) in subsection (a),  by striking out `Environment' and inserting in
lieu thereof `Enterprise'; and
(3) in subsection (b)(1)(B)--
(A) by inserting `child survival and child development,' after
`environmental,', and
(B) by inserting `, at least one of whom shall be a representative from
a child survival and child development organization' after `Caribbean'.

1427e725d5273283ca652226bedb0ad4a2020f4cf3f9f3d5e938bbe73bfa93a8

(a) IN GENERAL- Not later than December 31 of each year, the President shall
transmit to the Speaker of the House of Representatives and the President
Pro Tempore of the Senate a report on the implementation of this title
and title VI of the Agricultural Trade Development and Assistance Act of
1954. Such report shall include--
(1) a description of the activities undertaken by the  Enterprise for the
Americas Facility during the previous fiscal year;
(2) a description of any Americas Framework Agreements entered into under
this title and a description of any Enviromental Framework Agreement entered
into under title VI of the Agricultural Trade Development and Assistance
Act of 1954; and
(3) a description of any grants that have been extended by administering
bodies pursuant to an Americas Agreement under this title or pursuant to
an Enviromental Framework Agreement under title VI of that Act.
(b) SUPPLEMENTAL VIEWS- Each member of the Enterprise for the Americas Board
shall be entitled to receive a copy of the report required by subsection (a)
at least 14 days before the report is to be transmitted to the Congress,
to have 14 days within which to prepare and submit supplemental views for
inclusion in such report, and to have those views included in the report
when it is so transmitted.
(c) CONFORMING AMENDMENT- Section 614 of the Agricultural Trade Development
and Assistance Act of 1954 (relating to annual reports to the Congress on
the Enterprise for the Americas Facility) is repealed.

d5545d4eb91c1ac57ec57637b9508cb83d301ac63941a9021901f5fa30f8b637

This title may be cited as the `Trade Promotion Expansion Act of 1992'.

497217256f6dcf9eaef45266aa883337192788aefd005e97f4db864940aa805d

TITLE VII

-TRADE PROMOTION EXPANSION

(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 1994 and 1995 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
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
Director General of the United States and Foreign Commercial Service,
shall, not later than December 31, 1995, 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.

a6f8300874ac29a501d306434585df4c3f39059990e804d8d52f341d1c5d6b34

AND SUSTAINABILITY.
(a) PURPOSES- The Administrator of the Agency for International Development
shall develop a program, in accordance with subsection (b), that focuses
on developmentally sound capital projects for basic infrastructure that
will measurably alleviate the worst manifestations of poverty or directly
promote environmental safety and sustainability at the community level,
taking into consideration development needs of the host country and export
opportunities for services and goods from the United States.
(b) ACTIVITIES OF AID- In order to carry out subsection (a), the
Administrator of AID shall, working with AID technical support staff,
regional bureau staff, and country missions, identify and provide funding
for capital projects to alleviate the worst manifestations of poverty
or to promote environmental safety and sustainability at the community
level in countries receiving assistance under the Foreign Assistance Act
of 1961. Such projects may include basic sanitation systems, basic water
supply and treatment, pollution control, and rural infrastructure benefiting
poor communities or establishing environmentally sustainable patterns of
rural development. Such projects should have measurable positive effects
on indicators of human and environmental health.

dd44c4caf3fc4d043623348f30d2349fecb9d3c569ae677d417dcbcc9e301171

TITLE VIII

-BASIC INFRASTRUCTURE FOR DEVELOPMENT.

The President shall utilize the existing interagency coordination mechanism
to coordinate activities under this title with other relevant activities
of the United States Government.

1dad4eaa7471efb0284ca2a73ed64aab9a40e1f5dc31da44c39c7996a409ff48

Not later than February 1, 1993, and each year thereafter, the President
shall submit to the Congress a report describing the extent to which
United States Government resources have been expended specifically to
support capital projects under this title.

56098f0d0f0d96923cc9e019fd126cbf0c3b4363bb02a7c9cf777c2fe72665cc

For purposes of this title--
(1) the term `AID' means the Agency for International Development; and
(2) the term `capital project' means a project involving the construction,
expansion, alteration of, or the acquisition of equipment for, a physical
facility or physical infrastructure, including related engineering design
(concept and detail) and other services, the procurement of equipment
(including any related services), and feasibility studies or similar
engineering and economic studies.
Passed the House of Representatives August 5, 1992.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 4996 CDS----2
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HR 4996 CDS----7

2f64147fad2a40906f7b1a79eede59ec342367983c0df19f95ac2900654cde50

Aid, Trade, and Competitiveness Act of 1992 — HR. 4996

Other Sections