22 U.S.C. § 262s — Multilateral development bank procure-

Page 90 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262s 1 So in original. Two subsecs. (b) have been enacted. (c) Omitted (d) Report on debt relief Not later than 90 days after the date of enact- ment of this Act [November 6, 2000], the Sec- retary shall submit a report to the appropriate congressional committees on the history of debt relief programs led by, or coordinated with, international financial institutions, including but not limited to— (1) the extent to which poor countries and the poorest-of-the-poor benefit from debt re- lief, including measurable evidence of any such benefits; and (2) the extent to which debt relief contrib- utes to the graduation of a country from reli- ance on financing on concessionary terms and international development assistance. (Pub. L. 106–429, § 101(a) [title VIII, § 803], Nov. 6, 2000, 114 Stat. 1900, 1900A–66; Pub. L. 108–199, div. D, title V, § 599B(c), Jan. 23, 2004, 118 Stat. 211.) Editorial Notes REFERENCES IN TEXT Section 802(b), referred to in subsec. (b)(1), is section 101(a), [title VIII, § 802(b)] of Pub. L. 106–429, Nov. 6, 2000, 114 Stat. 1900, 1900A–66, which is not classified to the Code. CODIFICATION Section is comprised of section 101(a) [title VIII, § 803] of Pub. L. 106–429. Section 101(a) [title VIII, § 803(c)] of Pub. L. 106–429 amended section 262r–4 of this title. AMENDMENTS 2004—Pub. L. 108–199 repealed heading and text of sub- sec. (a). Text read as follows: ‘‘Beginning 180 days after the date of enactment of this Act, or October 31, 2000, whichever is later, and on October 31 of each year thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the sufficiency of audits of the financial operations of each multilateral development bank conducted by persons or entities outside such bank.’’ Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 106–429, § 101(a) [title VIII, § 806], Nov. 6, 2000, 114 Stat. 1900, 1900A–68, provided that: ‘‘In this title [en- acting this section and section 286oo of this title and amending sections 262r–4, 286nn, and 2169 of this title]: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Com- mittee on Appropriations of the Senate, and the Com- mittee on Banking and Financial Services [now Com- mittee on Financial Services] and the Committee on Appropriations of the House of Representatives. ‘‘(2) BANK.—The term ‘Bank’ means the Inter- national Bank for Reconstruction and Development. ‘‘(3) FUND.—The term ‘Fund’ means the Inter- national Monetary Fund. ‘‘(4) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term ‘international financial institutions’ means the multilateral development banks and the Inter- national Monetary Fund. ‘‘(5) MULTILATERAL DEVELOPMENT BANKS.—The term ‘multilateral development banks’ means the Inter- national Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-Amer- ican Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Develop- ment Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.’’ § 262s. Multilateral development bank procure- ment (a) Executive Directors The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to attach a high priority to promoting opportunities for exports for goods and services from the United States and, in carrying out this function, to investigate thoroughly any complaints from United States bidders about the awarding of procurement con- tracts by the multilateral development banks to ensure that all contract procedures and rules of the banks are observed and that United States firms are treated fairly. (b) 1 Officer of procurement (1) Establishment The Secretary of the Treasury shall des- ignate, within the Office of International Af- fairs in the Department of the Treasury, an of- ficer of multilateral development bank pro- curement. (2) Function The officer shall act as the liaison between the Department of the Treasury, the Depart- ment of Commerce, and the United States Ex- ecutive Directors’ offices in the multilateral development banks, in carrying out this sec- tion. The officer shall cooperate with the De- partment of Commerce in efforts to improve opportunities for multilateral development bank procurement by United States compa- nies. (b) 1 ‘‘Multilateral development bank’’ defined As used in this section, the term ‘‘multilateral development bank’’ includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the InterAmer- ican Investment Corporation, the Asian Devel- opment Bank, the African Development Bank, and the African Development Fund. (Pub. L. 95–118, title XVIII, § 1801, formerly Pub. L. 100–418, title III, § 3202, Aug. 23, 1988, 102 Stat. 1382; renumbered § 1801 of Pub. L. 95–118, Pub. L. 101–240, title V, § 541(b)(1), Dec. 19, 1989, 103 Stat. 2517.) Editorial Notes CODIFICATION Section was formerly classified to section 262q of this title prior to renumbering by Pub. L. 101–240. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–418, title III, § 3201, Aug. 23, 1988, 102 Stat. 1382, provided that: ‘‘This subtitle [subtitle C (§§ 3201, Page 91 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 262s–2 3202) of title III of Pub. L. 100–418, enacting former sec- tion 262q of this title] may be cited as the ‘Multilateral Development Banks Procurement Act of 1988’.’’ DEFINITIONS The definitions in section 262r of this title apply to this section. § 262s–1. Procurement opportunities for United States firms The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development institutions to take all possible steps to ensure that information re- lating to potential procurement opportunities for United States firms is expeditiously commu- nicated to the Secretary of the Treasury, the Secretary of State, and the Secretary of Com- merce, and is disseminated as widely as possible to large and small businesses. (Pub. L. 95–118, title XVIII, § 1802, as added Pub. L. 101–240, title V, § 541(a), Dec. 19, 1989, 103 Stat. 2516.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 262r of this title apply to this section. § 262s–2. Commercial Service Officers and multi- lateral development bank procurement (a) Appointment of Commercial Service Officers to serve with Executive Directors The Secretary of Commerce, in consultation with the Secretary of the Treasury, shall ap- point a procurement officer, who is a representa- tive of the International Trade Administration or a Commercial Service Officer of the United States and Foreign Commercial Service, to serve, on a full-time or part-time basis, with each of the Executive Directors of the multilat- eral development banks in which the United States participates. (b) Functions of officers Each procurement officer appointed under sub- section (a) shall assist the United States Execu- tive Director with respect to whom such officer is appointed in promoting opportunities for ex- ports of goods and services from the United States by doing the following: (1) Acting as the liaison between the busi- ness community and the multilateral develop- ment bank involved, whether or not the bank has offices in the United States. The Secretary of Commerce shall ensure that the procure- ment officer has access to, and disseminates to United States businesses, information relating to projects which are being proposed by the multilateral development bank, and bid speci- fications and deadlines for projects about to be developed by the bank. The procurement offi- cer 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 informa- tion through private sector, nonprofit organi- zations. (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 com- petitive advantage, and to permit them to compete and have an equal opportunity in sub- mitting timely and conforming bidding docu- ments. (Pub. L. 95–118, title XVIII, § 1803, formerly Pub. L. 100–418, title II, § 2302, Aug. 23, 1988, 102 Stat. 1341; renumbered § 1803 of Pub. L. 95–118, and amended Pub. L. 101–240, title V, § 541(b)(2), Dec. 19, 1989, 103 Stat. 2517.) Editorial Notes CODIFICATION Section was formerly classified to section 4722 of Title 15, Commerce and Trade, prior to renumbering by Pub. L. 101–240. AMENDMENTS 1989—Subsec. (c). Pub. L. 101–240 struck out subsec. (c) which defined ‘‘multilateral development bank’’ for purposes of this section. Statutory Notes and Related Subsidiaries ADDITIONAL PROCUREMENT OFFICERS Pub. L. 102–549, title V, § 501, Oct. 28, 1992, 106 Stat. 3663, provided that: ‘‘(a) APPOINTMENT.—The Secretary of Commerce, in consultation with the Secretary of the Treasury, 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 develop- ment 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, infor- mation 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 infor- mation to small- and medium-sized businesses inter- ested in participating in such projects. The procure- ment officer shall explore opportunities for dissemi- nating such information through private sector, non- profit 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 oppor- tunity 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 Finan- cial Institutions Act (22 U.S.C. 262r(c)). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Com- merce $1,000,000 for each of the fiscal years 1993 and 1994 to carry out this section. Amounts appropriated pursu- ant to this subsection shall be available only for the purpose of making the appointment of additional pro- curement officers required by subsection (a).’’