Page:United States Statutes at Large Volume 101 Part 3.djvu/84

 101 STAT. 1382 iBGaif ' •

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PUBLIC LAW 100-204—DEC. 22, 1987

(i) its national public radio and television sector, or (ii) its private radio and television sector, to the tstrnfi 3( extent that such procurement or project is, in whole or in part, funded or otherwise under the control of a srfj -m government agency or authority; or (C) the Secretary of Commerce certifies (in advance of the award of the contract for that project) to the Director of the United States Information Agency that the foreign bidder is not receiving any direct subsidy from any government, the effect of which would be to disadvantage the competitive position of United States persons who also bid on the project; or (D) the statutes of a host foreign country prohibit the use of United States contractors on such projects within that

country. (2) An exception under paragraph (1)(D) shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies 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 what specific actions the Secretary has taken to urge the foreign country to permit the use of United States contractors on such projects. (d) DEFINITIONS.—For purposes of this section— (1) the term "United States person" means a person that— (A) is incorporated or otherwise legally organized under the laws of the United States, including any State (and any political subdivision thereof) and the District of Columbia; (B) has its principal place of business in the United States; (C) has been incorporated or otherwise legally organized in the United States for more than 5 years before the issuance date of the Invitation For Bids or the Request For Proposals with respect to a modernization project under subsection (b);

(D) has proven, as indicated by prior contracting experience, to possess the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that being contracted for; (E)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the modernization it J V project site; and f (F) has the existing technical and financial resources in the United States to perform the contract; and (2) the term "qualified United States joint venture person" means a joint venture in which a United States person or persons own at least 51 percent of the assets of the joint venture. (e) EFFECTIVE DATE.—The provisions of this section shall apply to any project with respect to which the Request For Proposals (commonly referred to as "RFP") or the Invitation For Bids (commonly referred to as "IFB") was issued after December 28, 1986.

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