Jobs Through Exports Act of 1992
PL 102-549 (H.R.4996), enacted 10/28/1992

PUBLIC LAW 102-549—OCT. 28,1992 
106 STAT. 3651 
Public Law 102-549 
102d Congress 
An Act 
To extend the authorities of the Overseas Private Investment Corporation, and 
Oct. 28,1992 
for other purposes. 
[H.R. 4996] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Jp*» '^'*?"?*^, 
' 
^ 
Exports Act of 
SECTION 1. SHORT TITLE. 
1992. 
This Act may be cited as the "Jobs Through Exports Act of f^H^ ^^^^ 
1992". 
TITLE I—OVERSEAS PRIVATE 
INVESTMENT CORPORATION 
SEC. 
1
0
1
. 
CREATION, 
PURPOSE 
AND 
POUCY. 
Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2191) is amended in the first sentence by striking "friendly countries 
and areas," and inserting "countries and areas, and countries in 
transition from nonmarkeit to market economies,". 
SEC. 102. WORKER RIGHTS.. 
(a) LIMITATION.—Section 231A(aXl) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2191a(a)) is amended by adding at the 
end the following: "The Corporation shall also include the following 
language, in substantially the following form, in all contracts which 
the Corporation enters into with eligible investors to provide finan-
cial support under this title: 
"The investor agrees not to take actions to prevent employ-
ees of the foreign enterprise from lawfully exercising their 
right of association and their right to organize and bargain 
collectively. The investor further agrees to observe applicable 
laws relating to a minimum age for employment of children, 
acceptable conditions of work with respect to minimum wages, 
hours of work, and occupational health and safety, and not 
to use forced labor. The investor is not responsible under this 
paragraph for the actions of a foreign government.'". 
SEC. 103. EQUITY INVESTMENT FUND. 
Section 234(gX5) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2194(gX5)) is amended to read as follows: 
"(c) CREATION OF FUND FOR ACQUISITION OF EQUITY.—The Cor-
poration is authorized to establish a revolving fimd to be available 
solely for the purposes specified in this subsection and to make 
transfers to the fund of a total of $10,000,000 (less amounts trans-
ferred to the fund before the date of the enactment of the Jobs 
Through Eioports Act of 1992) from its noncredit account revolving 
Aind. The Corporation shall transfer to the fund in each fiscsQ 
year all amounts received by the Corporation during the preceding 
fiscal year as income on securities acquired under this subsection. 
106 STAT. 3652 
PUBLIC LAW 102-549—OCT. 28, 1992 
and from the proceeds on the disposition of such securities. Pur-
chases of, investments in, and otner acquisitions of equity from 
the fund are authorized for any fiscal yesir only to the extent 
or in such amounts as are provided in advance in appropriations 
Acts or are transferred to the Corporation pursuant to section 
632(a) of this Act". 
SEC. 104. ISSUING AUTHORITY, DIRECT INVESTMENTS, AND ADMINIS-
TRATIVE EXPENSES. 
(a) ISSUING AUTHORITY AND DIRECT INVESTMENT AUTHORITY.— 
Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) 
is amended— 
(1) in the section caption by striking 'TuND** and inserting 
"AUTHORITY"; 
(2) by amending subsection (a) to read as follows: 
"(a) ISSUING AUTHORITY.— 
"(1) 
INSURANCE.—^The maximum 
contingent 
liability 
outstanding at any one time pursuant to insurance issued 
under section 234(a) shall not exceed in the aggregate 
$9,000,000,000. 
"(2) GUARANTEES.—(A) The maximiun contingent liability 
outstanding at any one time pursuant to guarantees issued 
under section 234(b) shall not exceed in the aggregate 
$2,500,000,000. 
"(B) Subject to spending authority provided in appropria-
tions Acts, pursuant to section 504(D) of the Federal Credit 
Reform Act of 1990, the Corporation is authorized— 
"(i) to transfer $9,800,000, or such sums as are nec-
essary, from its noncredit accoimt revolving fimd to pay 
for the subsidy cost of a program level for the loan and 
lo£ui guarantee program under subsections (b) and (c) of 
section 234 of $650,000,000 for fiscal year 1993; and 
"(ii) to transfer such sums as are necessary from its 
noncredit account revolving fund to pay for the subsidy 
cost of a program level for the loan and loan guarantee 
program under subsections (b) and (c) of section 234 of 
$850,000,000 for fiscal year 1994. 
"(3) TERMINATION OF AUTHORITY.—The authority of sub-
sections (a) and (b) of section 234 shall continue until l^ptember 
30,1994."; and 
(3) by repealing subsection (b). 
(b) ADMINISTRATIVE EXPENSES.—Section 235 of such Act is 
amended by adding at the end the following: 
"(g) ADMINISTRATIVE EXPENSES.—Subject to spending authority 
provided in appropriations Acts, the Corporation is authorized to 
draw from its noncredit account revolving fund for the administra-
tive costs of its direct loan and loan guarantee programs— 
"(1) $8,128,000 for fiscal year 1993; and 
"(2) $11,000,000 for fiscal year 1994.". 
SEC. 105. GENERAL PROVISIONS. 
(a) FEES.—Section 237(d) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2197(d)) is amended to read as follows: 
"(d) FEES.— 
"(1) IN GENERAL.—Fees may be charged for providing insur-
ance, reinsurance, financing, and other services under this title 
in amounts to be determined by the Corporation. In the event 
fees charged for insurance, reinsurance, financing, or other 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3663 
services are reduced, fees to be paid under existing contracts 
for the same tyi>e of insurance, reinsurance, financing, or serv-
ices and for similar guarantees issued under predecessor 
guarantee authority may be reduced. 
"(2) CREDIT TRANSACTION COSTS.—Project-specific trans-
action costs incurred by the Corporation relating to loan obliga-
tions or loan guarantee commitments covered by the provisions 
of the Federal Credit Reform Act of 1990, including the costs 
of project-related travel and expenses for legal representetion 
provided by persons outeide the Corporation and other similar 
expenses wluch are charged to the borrower, shall be paid 
out of the appropriate finance account esteblished pursuant 
to section 505(D) of such Act. 
"(3) NONCREDIT TRANSACTION COSTS.—Fees paid for the 
project-specific transsiction costs and other direct coste associ-
ated with services provided to specific investors or potential 
investors pursuant to section 234 (other than those covered 
in paragraph (2)), including financing, insurance, reinsurance, 
missions, seminars, conferences, and other preinvestment serv-
ices, shall be available for obligation for the purposes for which 
they were collected, notwithstanding any other provision of 
law.". 
(b) PENALTIES FOR FRAUD.—Section 237 of such Act is amended 
by adding at the end the following: 
"(n) PENALTIES FOR FRAUD.—^Whoever knowingly makes any 
false statement or report, or wilUully overvalues any land, property, 
or security, for the pun)ose of influencing in any way the action 
of the Corporation with respect to any insurance, reinsurance, 
guarantee, loan, equity investment, or other activity of the Corpora-
tion under section 234 or any change or extension of any such 
insurance, reinsurance, guarantee, loan, equity investment, or activ-
ity, by renewal, deferment of action or otherwise, or the acceptance, 
release, or substitution of security therefor, shall be fined not more 
than $1,000,000 or imprisoned not more than 30 years, or both.". 
(c) USE OF LOCAL CURRENCIES.—Section 237 of such Act is 
amended by adding at the end the following: 
"(o) USE OF IXXJAL CURRENCIES.—^Direct loans or investments 
made in order to preserve the value of funds received in inconvert-
ible foreign currency by the Corporation as a result of activities 
conducted pursuant to section 234(a) shsdl not be considered in 
determining whether the Corporation has made or has outstanding 
loans or investmente to the extent of any limitetion on obligations 
and equity investment imposed by or pursuant to this title. The 
provisions of section 504(D) of the Feaeral Credit Reform Act of 
1990 shall not apply to direct loan obligations made with funds 
described in this siibsection.". 
SEC. 106. DEFINITIONS. 
Section 238 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2198) is amended— 
(1) in subsection (c) by striking ''and" after the semicolon 
at the end; 
(2) by redesignating subsection (d) as subsection (f); £uid 
(3) by inserting alter subsection (c) the following: 
"(d) the term iioncredit account revolving fund' means the 
account in which fimds under section 236 and all funds from 
noncredit activities are held; and 
106 STAT. 3654 
PUBLIC LAW 102-549—OCT. 28, 1992 
"(e) the term 'noncredit activities' means all activities of 
the Corporation other than its loan guarantee program imder 
section 234(b) and its direct loan program under section 234(c);''. 
SEC. 107. CONTRACrmG AUTHORITY. 
Section 239(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2199(d)) is amended by inserting after "legal and arbitral proceed-
ings;" the following: "to enter into limited-term contracts with 
nationals of the United States for personal services to carry out 
activities in the United States and abroad imder subsections (d) 
and (e) of section 234;". 
SEC. 108. REPORTS TO CONGRESS. 
Section 240A(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2200a(b)) is amended by striking paragraph (2) and inserting 
the following: 
"(2) The projections required by this subsection shall be based 
on an analysis of each of the projects described in paragraph (1). 
"(3) In reporting the projections on emplo3nnent required by 
this subsection, the Corporation shall specify, with respect to each 
project— 
"(A) any loss of jobs in the United States caused by the 
project, whether or not the project itself creates other jobs; 
"(B) any jobs created by the project; and 
"(C) the coimtry in which the project is located, and the 
economic sector involved in the project. 
Privacy. 
No proprietary information may be disclosed under this paragraph.". 
SEC. 109. AWARDING OF CONTRACTS. 
Title IV of chapter 2 of part I of the Foreign Assistance Act 
of 1961 is amended by inserting after section 240A the following 
new section: 
22 use 2200b. 
"SEC. 240B. PROHmiTION ON NONCOMPETITIVE 
AWARDING OF 
INSURANCE CONTRACTS ON OPIC SUPPORTED EXPORTS. 
"(a) REQUIREMENT FOR CERTIFICATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (3), 
the investor on whose behalf insurance, reinsurance, guaran-
ties, or other financing is provided under this title with respect 
to a project shall be required to certify to the Corporation 
that any contract for the export of goods as part of that project 
will include a clause requiring that United States insurance 
companies have a fair and open competitive opportunity to 
provide insurance against risk of loss of such export. 
"(2) WHEN CERTIFICATION MUST BE MADE.^The investor 
shall be required, in every practicable case, to so certify before 
the insurance, reinsurance, guarantee, or other financing is 
provided. In any case in which such a certification is not made 
m advance, the investor shall include in the certification the 
reasons for the failure to make a certification in advance. 
"(3) EXCEPTION.—Paragraph (1) does not apply with respect 
to an investor who does not, because of the nature of the 
investment, have a controlling interest in fact in the project 
in question. 
"(b) REPORTS BY THE UNITED STATES TRADE REPRESENTATIVE.— 
The United States TVade Representative shall review the actions 
of the Corporation under subsection (a) and, after consultation 
with representatives of United States insurance companies, shall 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3655 
report to the Congress in the report required by section 181(b) 
of the Trade Act of 1974 vdth respect to such actions. 
"(c) DEFINITIONS.—For purooses of this section— 
"(1) the term TJnited States insurance company* includes— 
"(A) 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 
"(B) foreign operations, branches, agencies, subsidi-
aries, affiliates, or joint ventures of any entity described 
in subparagraph (A); 
"(2) UnitedStates insurance companies shall be considered 
to have had a 'fair and open competitive opportunity to provide 
insurance'if they— 
**(A) have received notice of the opportunity to provide 
insurance; and 
"(B) have been evaluated on a nondiscriminatory basis; 
and 
"(3) the term 'State' includes the District of Columbia and 
any commonwealth, territory, or possession of the United 
States.". 
TITLE II—TRADE AND DEVELOPMENT 
AGENCY 
SEC. 
201. 
TRADE 
AND 
DEVELOPMENT 
AGENCY. 
Section 661 of the Foreign Assistance Act of 1961 is amended 22 use 2421. 
to read as follows: 
•«EC. 
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 Stetes private sector participation 
in development projects in developing and middle-income coimtries. 
"(b) AUTHORITY To PROVIDE ASSISTANCE.-— 
"(1) AUTHORITY.-—The Director of the Trade and Develop-
ment Agency is authorized to work with foreign countries, 
including those in which the United States development pro-
grams have been concluded or those not receiving assistance 
under part I, to cany out the purpose of this section by provid-
ing funds for feasibility studies, architectural and engineering 
design, and other activities related to development projects 
whicn 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 maiiagement of, and procurement for, 
bilateral and multilateral development projects, including train-
ing activities imdertaken in connection with a project, for the 
purpose of promoting the use of United States goods and serv-
ices in such projects. Funds under this section may also be 
used for €urchitectural and engineering design, including— 
106 STAT. 3656 
PUBLIC LAW 102-549—OCT. 28, 1992 
"(A) concept design, which establishes the basic tech-
nical and operational criteria for a project, such as architec-
tural 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 Agencnr 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 efifectively informational services 
to persons in the private sector concerning trade development 
ana export promotion related to development projects. 
"(4) N
O
N
A
P
P
U
C
A
B
I
L
I
T
Y O
F O
T
H
E
R PROVISIONS.—Any fimds 
used for purposes of this section may be used notwithstanding 
any other provision of law. 
*
*
(
c
) DIRECTOR AND PERSONNEL.— 
President. 
«(i) 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 
ISenate. 
"(2) OFFICERS AND EMPLOYEES.—(A) The Director may 
appoint such officers and employees of the Trade and Develop-
ment Agency as the Director considers appropriate. 
"(B) The officers and employees appointed under this para-
graph shall have such 
fimctions 
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 tiue 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 pre-
scribe, any individual appointed under subparagraph (C) may 
be entitled, upon removal (except for cause) 
firom 
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. 
President. 
"(d) A
N
N
U
A
L 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 G
E
N
E
R
A
L
.
—
^
T
h
e 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 
PUBUC LAW 102-549—OCT. 28, 1992 
106 STAT. 3657 
into consideration any standards recommended by the 
Comptroller General. The independent certified public account- Reports. 
ant shjsdl report the results of such audit to the Director of 
ti^e Trade and Development Agenpy. The financial statements 
of the T^de and Development Agenpy shall be presented in 
accordance witili 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 
shaU submit to the C'Ongress not later than 6V2 months afl^er 
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 finan-
cial and compliance audit required by paragraph (2), the 
Comptroller General shall, if the Comptroller General considers 
it necessary or upon the reouest of the Coi:^nress, audit the 
financial statements of the Trade and Development Agency 
in the manner provided in paragraph (2). 
"(4) AvAiLABiLm O
F INFORMATION.—All books, accounts, 
financial records, reports, files, workp^ers, and property 
belonging to or in use by the Trade and Development Agenpv 
and me 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 appro-
priated for purposes of this section, in addition to fiinds other-
wise available for such purposes, $55,000,000 for fiscal year 
1993 and $65,000,000 for 
fiscal 
year 1994. 
"(2) 
FUNDING FOR TECHNICAL ASSISTANCE GRANTS BY 
M
U
L
T
I
L
A
T
E
R
A
L D
E
V
E
L
O
P
M
E
N
T BANKS.—(A) The Trade and Devel-
opment Agency should, in fiscal years 1993 and 1994, substan-
tially increase the amount of funds it provides to multilateral 
development banks for technical assistance grants. 
"(B) As used in subpara^aph (A)— 
"(i) the term techmcai assistance grants' means fund-
ing 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 Inter-
national ^nancial Institutions Act.". 
SEC. 802. R
E
N
A
M
I
N
G OF TRADE AND D
E
V
E
L
O
P
M
E
N
T P
R
O
G
R
A
M
; 
C
O
N
F
O
R
M
I
N
G CHANGES. 
(a) RENAMING OF TIL\DE AND DEVELOPMENT PROGRAM.—The 22 use 2421 
Trade and Development lEVogram shall, on or after the efiective "°^-
date of this section, be known as the Trade and Development 
Agency. 
(b) APPOINTMENT OF PRESENT DIRECTOR NOT AFFECTED.—The 
22 use 2421 
enactment of this title shall not affect the appointment of the ^°^-
59-194 0—93 
30:QL3(Pt. 4) 
106 STAT. 3658 
PUBLIC LAW 102-549—OCT. 28, 1992 
22 use 2421 
note. 
Aid, Trade, and 
CJompetitiveness 
Act of 1992. 
individual who is the Director of the Trade and Development Pro-
gram 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 .^ency". 
(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 
"Director, Trade and Development Program." 
and inserting 
"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. 
TITLE III—AID, TRADE, AND 
COMPETITIVENESS 
22 use 2421a 
note. 
22 use 2421a. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Aid, Trade, and Competitiveness 
Act of 1992". 
SEC. 302. CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR 
INTERNATIONAL DEVELOPMENT. 
(a) ESTABLISHMENT OF OFFICE.—The Administrator of AID shall 
establish a capital projects office to carry out the purposes described 
in subsection (b). 
(b) PURPOSES OF OFFICE.—^The purposes referred to in sub-
section (a) are— 
(1) to develop an AID program that would focus solely 
on developmentally sound capital projects, teiking into consider-
ation 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), in coordination with the appro-
priate members of the Trade Promotion Coordination Committee— 
(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 devel-
oping 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 coimtries, keeping both United States firms 
ana the Congress informed of these reviews; 
(3) shall ensure that each capital project for which AID 
provides funding is developmentally sound, as determined 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3659 
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 coim-
tries with traditionsil development projects; 
(5) shall coordinate, where appropriate, funds available 
to AID for tied-aid purposes; and 
(6) shall play a special role in helping to meet the infra-
structure needs of countries making the transition firom 
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 infirastrticture needs of the various countries m£ik-
ing 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 coun-
tries, 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 afi^er the date of the enactment of this Act. 
SEC. 303. CAPITAL PROJECTS FOR POVERTY ALLEVIATION 
AND 
ENVIRONMENTAL SAFETY AND SUSTAINABIUTY. 
(a) PURPOSES.—^The Administrator of AID shall develop a pro-
gram, in accordance with subsection (b), that focuses on devel-
opmentally 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 coim-
try and export opportunities for services and goods from the United 
States. 
(b) ACTTVITIES 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 fimding for capital projects to alleviate the worst manifesta-
tions of poverty or to promote environmental safety and sustain-
ability at the community level in countries receiving assistance 
under part I of the Foreign Assistance Act of 1961. Such projects 
may include basic sanitation systems, basic water supply and treat-
ment, 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. 
SEC. 304. COORDINATION. 
The President shall use the Trade Promotion Coordination 
Committee to coordinate activities under this title with other rel-
evant activities of the United States Government. 
Reports. 
22 use 2421b. 
President. 
22 u s e 2421c. 
106 STAT. 3660 
PUBLIC LAW 102-549—OCT. 28, 1992 
President. 
22 use 2421a 
note. 
22 use 2421d. 
President. 
22 use 2421a 
note. 
22 use 2421e. 
SEC. 305. REPORTS TO CONGRESS ON CAPITAL PROJECTS. 
Not later than May 1, 1993, 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 the 
projects 
described in this title 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 304; 
and 
(3) the extent to which United States Grovemment capital 
projects and tied-aid credit programs have affected United 
States exports. 
SEC. 306. FUNDING FOR CAPITAL PROJECTS. 
(a) FUNDING LEVEL.—^The Congress strongly urges the Presi-
dent to use at least $650,000,000 for fiscal year 1993 and at least 
$700,000,000 for fiscal year 1994 of the total amounts made avail-
able for assistance under chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (relating to the economic support fund), assistance 
imder the Support for East European Democracy (SEED) Act of 
1989, assistance under the Freedom for Russia and Emerging Eur-
asian Democracies and Open Markets Support Act of 1992, £md 
assistance under the Multilateral Assistance Initiative for the Phil-
ippines, for grants for developmentally sound capital projects. Such 
grants may be combined with financing offered by private financial 
entities or other entities. 
(b) 
DEVELOPMENT 
ASSISTANCE 
CAPITAL 
PROJECTS.—Funds 
appropriated to carry out chapter 1 or chapter 10 of part I of 
the Foreign Assistance Act of 1961 (relating to development assist-
ance and the Development Fund for Africa) may not be used for 
capital projects that do not meet the criteria contained in section 
303 of this Act. This subsection does not apply with respect to 
capital projects for which funds have been obligated or expended 
before the date of the enactment of this Act. 
SEC. 307. REPORT ON THE FEASIBIUTY OF AID CREDIT GUARANTEES 
TO FINANCE CAPITAL PROJECTS. 
Not later than May 1, 1993, the President shall submit to 
the Committee on Foreign Affairs and the Committee on Appropria-
tions 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. 
SEC. 308. DEFINITIONS. 
For piuposes 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 services. 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3661 
TITLE IV—UNITED STATES 
COMMERCIAL CENTERS 
SEC. 401. UNITED STATES COMMERCIAL CENTERS. 
22 USC 4723a. 
(a) ESTABLISHMENT.—^The Secretary of Commerce, in his or 
her role as chairperson of the Trade Promotion Coordinating 
Committee, is authorized and encouraged to establish United States 
Commercial Centers (hereinafter in this section referred to as "Cen-
ters") in Asia, in Latin America, and 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 famil-
iarizing 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 cotmtry; 
(2) provide, on a user-fee basis, preHminary technical and 
clerical assistance, Isuiguage translation, £uid 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 objec-
tives, 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 tele-
Ehones and other basic ofiice equipment), and, where warranted 
y impeding deficiencies in the public system, high quality 
international telecommunications faciUties. 
(2) BUSINESS SERVICES.—Business support services, includ-
ing language translation services, clerical services, and a 
commercial Ubraiy containing a coniprehensive collection of 
reference materials covering United States and host country 
industries £uid markets. 
(3) COMMERCIAL I
U
A
W INFORMATION SERVICES.—Commercial 
law information services, including— 
(A) a clearinghouse for information regarding the rel-
evant 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. 
106 STAT. 3662 
PUBLIC LAW 102-549—OCT. 28, 1992 
(f) STAFFING OF CENTERS.—Each Center shall be staffed by 
members of the United States and Foreign Commercial Service, 
P
articipants in the Market Development Cooperator Program estab-
shed under section 2303 of the Export Enhancement Act of 1988 
(15 U.S.C. 4723), other employees of the Department of Commerce, 
and employees of appropriate executive branch departments ana 
agencies which are members of the Trade Promotion Coordinating 
Committee. 
(g) CENTER FACILITIES AND THEIR RELATIONSHIP TO UNITED 
STATES DEPARTMENT OF COMMERCE OPERATIONS IN HOST COUN-
TRIES.— 
(1) PHYSICAL ACCOMMODATIONS FOR THE CENTERS.—The 
Secretary of Commerce shall locate each Center in the primary 
commercial city of the host country. Hie Secretary shall acquire 
ofiSce space, exnibition 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 OPER-
ATIONS IN HOST COUNTRIES.—^For the purpose of obtaining maxi-
mum effectiveness and efficiency and to the extent consistent 
with the purposes of the Centers, the Secretary of Commerce 
is encouraged to place all personnel of the Department of Com-
merce who are assi|;ned to the city in which a Center is located 
in the same facilities as those in which the Center conducts 
its activities. 
(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 estab-
lished 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 
fiscal year 1994. 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 Rep-
resentatives 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 program established under 
tills section. 
(k) DEFINITIONS.—^For purposes of this section— 
(1) tlie term "United States exporter" means— 
(A) a United States citizen, 
(B) a corporation, partnership, or other association cre-
ated under uie laws of the United States or of any State, 
or 
(C) a foreign corporation, partnership, or other associa-
tion, 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; 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3663 
(2) the term "State" means any of the several States, the 
District of Colimibia, or any commonwealth, territory, or posses-
sion 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. 601. ADDITIONAL PROCUREMENT OFFICERS. 
22 USC 2628-2 
(a) APPOINTMENT.—^The Secretary of Commerce, in consultation 
with the Secretary of the Treasiuy, shall appoint one or more 
full-time additional procurement officers, for each multilateral 
development bank, 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. TTie 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 specifica-
tions 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 disseminat-
ing 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)). 
(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). 
106 STAT. 3664 
PUBLIC LAW 102-549—OCT. 28,1992 
Enterprise for 
the Americas 
Act of 1992. 
TITLE VI—ENTERPRISE FOR THE 
AMERICAS INITIATIVE 
22 use 2151 
note. 
22 use 2430. 
22 u s e 2430a. 
22 use 2430b. 
SEC. 801. SHORT TITLE. 
This title may be cited as the 'Enterprise for the Americas 
Act of 1992". 
SEC. 602. FOREIGN ASSISTANCE ACT DEBT REDUCTION. 
(a) AUTHORIZATION.—The Foreign Assistance Act of 1961 is 
amended by adding at the end the following new part: 
**PART IV—ENTERPRISE FOR THE AMERICAS 
INITIATIVE 
'^EC. 701. PURPOSE. 
The purpose of this part is to encourage and support improve-
ment in the hves of the people of Latin America and tne Caribbean 
through market-orientea reforms and economic growth with inter-
related actions to promote debt reduction, investment reforms, 
communitv based conservation, and sustainable use of the environ-
ment, and child survival and child development. The Facility will 
support these objectives through administration of debt reduction 
operations under this part for those countries with democratically 
elected governments that meet investment reforms and other policy 
conditions. 
'*8EC. 702. DEFINITIONS. 
"For purposes of this part— 
'^1) the term 'administering body* means the entity pro-
vided for in section 708(c); 
"(2) the term 'Americas Framework Agreement' means an 
Americas Framework Agreement provided for in section 708; 
"(3) the term 'Americas Fund' means an Enterprise for 
the Americas Fiuid provided for in section 707(a); 
"(4) the term 'appropriate congressional committees' means 
the Committee on Foreign Affairs and the Committee on Appro-
priations of the House of Representatives and the Committee 
on Foreign Relations and the Committee on Appropriations 
of the Senate; 
"(5) the term 'beneficiary countr/ means an eligible country 
with respect to which the authority of section 704(aXl) is 
exercised; 
"(6) the term 'eligible coimtiy mecms a country designated 
by the President in accordance with section 703; 
"(7) the term 'Enteiprise for the Americas Board' or 'Board' 
means the board established by section 610 of the Agricultural 
Trade Development and Assistance Act of 1954; and 
"(8) the term 'Facility* means the Enterprise for the Ameri-
cas Facility established in the Department of the Treasury 
by section 601 of that Act. 
'^EC. 703. EUGIBILnY FOR BENEFITS. 
"(a) REQUIREMENTS.—To be eligible for benefits from the Facil-
ity under this part, a country must be a Latin American or Carib-
bean country— 
"(1) whose government is democratically elected; 
PUBUC LAW 102-549—OCT. 28,1992 
106 STAT. 3665 
"(2) whose government has not repeatedly provided support 
for acts of international terrorism; 
"(3) whose government is not failing to cooperate on inter-
national narcotics control matters; 
"(4) whose government (including its military or other secu-
rity forces) does not engage in a consistent pattern of gross 
violations of intemationsliy 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 arrange-
ment, extended Fund arrangement, or an arrangement 
under the structural adjustment facility or enhanced struc-
tural adjustment facility, or in exceptional circumstances, 
a Fund monitorcKl program or its equivalent, unless the 
President determines (after consultation with the Enter-
prise for the Americas Board) that such an arrangement 
or program (or its equivalent) could reasonably be expected 
to nave significant adverse social or environmental effects; 
and 
"(B) as appropriate, structural or sectoral adjustment 
loans 
fix>m 
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 mcgor investment reforms in coi\junc-
tion with an Inter-American Develoi)ment Bank loan or other-
wise 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
) EuGmiLiry DETERMINATIONS.—Consistent with subsection President, 
(a), the President shall determine whether a country is eligible 
to receive benefits under this part. The President shsul 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. 
'«EC. 704. BEDUCnON OF CERTAIN DEBT. 
"(a) AuTHORmr 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, 1992, as a result of 
concessional loans made to an eligible countiy by the United 
States under part I of this Act, chapter 4 of part II of this 
Act, or predecessor foreign economic assistance legislation. 
"(2) APPROPRIATIONS REQUIREMENT.—The authority pro-
vided by this section may be exercised only in such amounts 
or to such extent as is provided in advance by appropriations 
Acts. 
"(3) CERTAIN pRomBmoNS INAPPUCABLE.—(A) A reduction 
of debt pursuant to this section shall not be considered assist-
ance for purposes of any provision of law limiting assistance 
to a counl^. 
22 use 2430c. 
106 STAT. 3666 
PUBLIC LAW 102-549—OCT. 28, 1992 
"(B) The authority of this section may be exercised notwith-
stsuiding section 620(r) of this Act or section 321 of the Inter-
national Development and Food Assistance Act of 1975. 
"(b) IMPLEMENTATION OF DEBT REDUCTION.— 
"(1) IN GENERAL.—Any debt reduction pursuant to sub-
section (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 (aXl). 
"(2) EXCHANGE OP OBUGATIONS.—The Facility shall notify 
the agency primarily responsible for administering part I of 
this Act 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 coiuitry 
shall be established, and the agency primeuily responsible for 
administering part I of this Act shall make an adjustment 
in its accounts to reflect the debt reduction. 
22 use 2430d. 
"SEC. 705. REPAYMENT OF PRINCIPAL. 
"(a) CURRENCY OP PAYMENT.—The principal amount of each 
new obligation issued pursuant to section 704(b) shall be repaid 
inUnitedStates dollars. 
"(b) DEPOSIT OP PAYMENTS.—^Principal repayments of new 
obligations shall be deposited in the United States Government 
account established for principal repajmients of the obligations for 
which those obligations were exchanged. 
22 u s e 2430e. 
<^EC. 706. INTEREST ON NEW OBUGATIONS. 
"(a) RATE OP INTEREST.—^New obligations issued by a bene-
ficiary country pursuant to section 704(b) shall bear interest at 
a concessional rate. 
"(b) CURRENCY OP PAYMENT; DEPOSITS.— 
"(1) LOCAL CURRENCY.—^If the beneficicuy country has 
entered into an Americas Framework Agreement, interest shall 
be paid in the local currency of the TOneficiary country and 
deposited in an Americas Fund. Such interest shall be the 
property of the beneficiary country, until such time as it is 
disbursed pursuant to section 707(d). Such local currencies 
shall be used for the purposes specified in the Americas Frame-
work Agreement. 
"(2) UNITED STATES DOLLARS.—^If the beneficiary country 
has not entered into an Americas Framework Agreement, 
interest shall be paid in United States dollars and deposited 
in the United States Government accoimt established for 
interest payments of the obligations for which the new obliga-
tions 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 estoblished for that country. 
22USC2430f. 
'«EC. 707. ENTERPRISE FOR THE AMERICAS FUNDS. 
"(a) ESTABLISHMENT.—^Each beneficiary country that enters into 
an Americas Framework Agreement shall be required to esteblish 
an Enterprise for tiie Americcis Fund to receive payments in local 
currency pursuant to section 706(bXl). 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3667 
"(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 coimtry. 
"(c) INVESTMENT.—^Deposits made in an Americas Fund shall 
be invested imtil disbursed. Any return on such investment may 
be retained by the Americas Fimd, without deposit in the Treasury 
of the United States and without further appropriation by the 
Congress. 
**(d) DISBURSEMENTS.—^Fimds in an Americas Fund shall be 
disbursed only pursuant to an Americas Framework Agreement. 
'«EC. 708. AMERICAS FRAMEWORK AGREEMENTS. 
22 USC 2430g. 
"(a) AUTHORITY.—^The Secretary of State is authorized, in con-
sultation 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 shsdl 
consult with the Enterprise for the Americas Board in accordance 
with section 709. 
*
*
(
b
) CONTENTS OF AGREEMENTS.—^An Americas Framework 
Agreement with an eligible country shall— 
"(1) require that countiy to establish an Americas Fund; 
"(2) require that country to make interest payments under 
section 706(bXl) into an Americas Fund; 
"(3) require that country to make prompt disbursements 
from the Americas Fimd 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 Fimd 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 Americtui 
Fund in each beneficiary country shall be administered by 
a body constituted imder the laws of that country. 
"(2) COMPOSITION.—^The administering body shall consist 
o
f
— 
"(A) one or more individuals appointed by the United 
States Government, 
"(B) one or more individuals appointed by the govern-
ment of the beneficiary country, and 
"(C) individuals who represent a broad range of— 
"(i) environmental nongovernmental organizations 
of the beneficiary coimtry, 
"(ii) child survival and child development non-
governmental organizations of the beneficiary country, 
"(iii) local community development nongovern-
mental organizations of the beneficiary country, and 
"(iv) scientific or academic organizations or institu-
tions of the beneficiary country. 
A mcgority of the members of the administering body shall 
be individuals described in subparagraph (C). 
"(3) RESPONSIBILITIES.—The administering body— 
106 STAT. 3668 
PUBLIC LAW 102-549—OCT. 28, 1992 
Reports. 
Grants. 
22 use 2430h. 
''(A) shall receive proposals for grant assistance from 
eligible grant recipients (as determined under subsection 
(e)) and make grants to eligible grant recipients in accord-
ance 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 
**(¥) 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 govern-
ment of the beneficiary country. 
"(d) EuGiBLE AcTivrnES.—Orants 
fi:t)m 
an Ameiicas 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 Fimd shall be subject to veto by the 
(jrovemment of the United States or the government of the bene-
ficiary country. 
"(g) ELIGIBILITY CRITERIA.—^In the event that a country ceases 
to meet the eligibility requirements set forth in section 703(a), 
as determined by the President pursuant to section 703(b), then 
grants from the Americas Fund for that country may only be 
made to nongovernmental orgsmizations until such time as the 
President determines tiiat such country meets the eligibility require-
ments set forth in section 703(a). 
'*8EC. 709. ENTERPRISE F
O
R THE A
M
E
R
I
C
A
S BOARD. 
Tor purposes of this part, the Enterprise for the Americ€U3 
Board shall— 
"(1) advise the Secretary of State on the negotiations of 
Americas Framework Agreements; 
"(2) ensure, in consultation with— 
"(A) the government of the beneficiary country, 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3669 
"(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 coun-
try, 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 Ameri-
cas Fund; and 
"(3) review the programs, operations, and fiscal audits of 
each administering body. 
<«£€. 710. ANNUAL REPORTS TO THE CONGRESS. 
22 USC 24301. 
"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 description of each Americas Frame-
work Agreement and a description of any grants that have been 
extended by administering bodies pursuant to an Americas Frame-
work Agreement.". 
(b) 
CONFORMING 
AMENDMENT 
TO 
AVOID 
DUPLICATIVE 
AUTHORIZATIONS.—Chapter 12 of part I of the Foreign Assistance 
Act of 1961 (as enacted by the Foreign Operations, Export Financ-
ing, and Related Programs Appropriations Act, 1993), relating to '^«'«' P- 1692. 
the Enterprise for the Americas Initiative, is repealed. Any exercise 
of the authorities provided in that chapter prior to its repeal by 
this subsection shall be deemed to be an exercise of the authorities 
of part IV of the Foreign Assistance Act of 1961 (as enacted by 
subsection (a) of this section) and shall be carried out, after the 
enactment of this section, in accordance with that part. 
SEC. 603. ENTERPRISE FOR THE AMERICAS BOARD. 
Section 610 of the Agricultural Trade Development and Assist-
ance Act of 1954 (7 U.S.C. 1738i) is amended— 
(1) in the section heading, by striking out "ENVIRON-
MENT" and inserting in Heu thereof "ENTERPRISE"; 
(2) in subsection (a), by striking out "Environment" and 
inserting in lieu thereof "Enterprise"; and 
(3) in subsection (bXlXB)— 
(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". 
SEC. 604. INTERNATIONAL UNIVERSITY FOR THE AMERICAS. 
22 USC 2077. 
(a) PURPOSE.—^The purpose of this section is to promote eco-
nomic integration and the consolidation and strengthening of demo-
cratic institutions in the Western Hemisphere, and to commemorate 
the 500th anniversary of the discovery of the Americas by Chris-
topher Columbus through the establishment of an institution of 
higher education, which shall be known as the "International 
University for the Americas". 
(b) ESTABLISHMENT.—The Secretory of Stete, in consultotion 
with other governments in the Western Hemisphere, shall deter-
mine the most appropriate location for the International University 
106 STAT. 3670 
PUBLIC LAW 102-549—OCT. 28, 1992 
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 Sec-
ret€Lry 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 integra-
tion 01 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 the selection of a site and design for the establishment of 
the Intemationed 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 Univer-
sity 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 appro-
priated $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 sub-
section (a) shall be available only for placing and maintaining 
20 additional Commercial Service Oflicers abroad. The Secretary 
of Commerce, acting through the Assistant Secretary of Commerce 
and Director General of the United States and Foreign Commercial 
Service, majr place such additional Commercial Service Officers— 
(1) in coimtries with which the United States has the 
largest trade deficit, and 
(2) in newly emerging market economy countries, with 
democraticallv elected governments, in Central and Eastern 
Europe and elsewhere. 
PUBLIC LAW 102-549—OCT. 28, 1992 
106 STAT. 3671 
(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 Commit-
tee on Banking, Housing, suid 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 
Conmiercial Service Officers in increasing United States exports 
to the countries in which such officers were placed. 
TITLE YIII—GENERAL PROVISIONS 
SEC. 801. IMPACT ON EMPLOYMENT IN THE UNITED STATES. 
22 USC 2151 
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 cur-
rently located in the United States for the purpose of inducing 
such an enterprise 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. INTERNATIONALLY RECOGNIZED WORKER RIGHTS. 
22 USC 2151 
No funds made available to carryr 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(aX4) of the Trade Act of 1974, of workers in the recipient 
country, including any designated zone in that country. 
Approved October 28, 1992. 
LEGISLATIVE HISTORY—H.R. 4996 (S. 3294): 
HOUSE REPORTS: Nos. 102-551 (Comm. on Foreign Affairs) and 102-1026 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
June 17, Aug. 5, considered and passed House. 
Oct. 1, considered and passed Senate, amended, in lieu of S. 3294. 
Oct. 5, House agreed to conference report. 
Oct. 8, Senate agreed to conference report.