Page:United States Statutes at Large Volume 106 Part 4.djvu/918

 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 under 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 proceedings;" 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 under 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 emplo3ment 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 country 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 USC 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, guaranties, 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 Trade Representative shall review the actions of the Corporation under subsection (a) and, after consultation with representatives of United States insurance companies, shall

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