-CITE- 19 USC CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -HEAD- CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -MISC1- Sec. 2501. Short title. 2502. Congressional statement of purposes. 2503. Approval of trade agreements. 2504. Relationship of trade agreements to United States law. SUBCHAPTER I - GOVERNMENT PROCUREMENT 2511. General authority to modify discriminatory purchasing requirements. 2512. Authority to encourage reciprocal competitive procurement practices. 2513. Waiver of discriminatory purchasing requirements with respect to purchases of civil aircraft. 2514. Expansion of the coverage of the Agreement. 2515. Monitoring and enforcement. 2516. Repealed. 2517. Availability of information to Members of Congress designated as official advisers. 2518. Definitions. SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) PART A - OBLIGATIONS OF THE UNITED STATES 2531. Certain standards-related activities. 2532. Federal standards-related activities. 2533. State and private standards-related activities. PART B - FUNCTIONS OF FEDERAL AGENCIES 2541. Functions of Trade Representative. 2542. Establishment and operation of technical offices. 2543. Representation of United States interests before international standards organizations. 2544. Standards information center. 2545. Contracts and grants. 2546. Technical assistance. 2547. Consultations with representatives of domestic interests. PART C - ADMINISTRATIVE AND JUDICIAL PROCEEDINGS REGARDING STANDARDS-RELATED ACTIVITIES SUBPART 1 - REPRESENTATIONS ALLEGING UNITED STATES VIOLATIONS OF OBLIGATIONS 2551. Right of action. 2552. Representations. 2553. Action after receipt of representations. 2554. Procedure after finding by international forum. SUBPART 2 - OTHER PROCEEDINGS REGARDING CERTAIN STANDARDS-RELATED ACTIVITIES 2561. Findings of reciprocity required in administrative proceedings. 2562. Consideration of standards-related activities by an international forum. PART D - DEFINITIONS AND MISCELLANEOUS PROVISIONS 2571. Definitions. 2572. Exemptions. 2573. Reports to Congress on operation of agreement. PART E - STANDARDS AND MEASURES UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT SUBPART 1 - SANITARY AND PHYTOSANITARY MEASURES 2575. General. 2575a. Inquiry point. 2575b. Subpart definitions. SUBPART 2 - STANDARDS-RELATED MEASURES 2576. General. 2576a. Inquiry point. 2576b. Subpart definitions. SUBPART 3 - PART DEFINITIONS 2577. Definitions. PART F - INTERNATIONAL STANDARD-SETTING ACTIVITIES 2578. Notice of United States participation in international standard-setting activities. 2578a. Equivalence determinations. 2578b. Definitions. SUBCHAPTER III - MISCELLANEOUS PROVISIONS 2581. Auction of import licenses. 2582. Repealed. -End- -CITE- 19 USC Sec. 2501 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -HEAD- Sec. 2501. Short title -STATUTE- This Act may be cited as the "Trade Agreements Act of 1979". -SOURCE- (Pub. L. 96-39, Sec. 1(a), July 26, 1979, 93 Stat. 144.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, which enacted this chapter and sections 1516a, 1671 to 1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of this title, amended the Tariff Schedules, and sections 1303, 1311, 1315, 1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516, 1872, 2033, 2112, 2119, 2131, 2155, 2192, 2194, 2211, 2251, 2253, 2411, 2412, 2432, 2434, 2435, 2462 to 2464, 2481, and 2486 of this title, section 5315 of Title 5, Government Organization and Employees, section 301 of Title 13, Census, sections 993, 5001 to 5008, 5043, 5061, 5064, 5066, 5116, 5171 to 5173, 5175 to 5178, 5180, 5181, 5201 to 5205, 5207, 5211 to 5215, 5221 to 5223, 5231, 5232, 5235, 5241, 5273, 5291, 5301, 5352, 5361 to 5363, 5365, 5381, 5391, 5551, 5601, 5604, 5610, 5612, 5615, 5663, 5681, 5682, and 5691 of Title 26, Internal Revenue Code, and sections 1541, 1582, 2632, and 2633, and 2637 of Title 28, Judiciary and Judicial Procedure, repealed sections 160 to 171 and 1402 of this title and sections 5009, 5021 to 5026, 5081 to 5084, 5174, 5233, 5234, 5251, 5252, 5364, and 5521 to 5523 of Title 26, enacted provisions set out as notes under sections 160, 1202, 1303, 1311, 1401a, 1516a, 1671, 2111, 2112, 2119, 2135, 2464, 2511, 2531, and 2581 of this title, section 301 of Title 13, and sections 1, 5001, 5061, 5171, and 5173 of Title 26, and amended provisions set out as notes in the Tariff Schedules and under section 2101 of this title. For complete classification of this Act to the Code, see Tables. -End- -CITE- 19 USC Sec. 2502 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -HEAD- Sec. 2502. Congressional statement of purposes -STATUTE- The purposes of this Act are - (1) to approve and implement the trade agreements negotiated under the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; (2) to foster the growth and maintenance of an open world trading system; (3) to expand opportunities for the commerce of the United States in international trade; and (4) to improve the rules of international trade and to provide for the enforcement of such rules, and for other purposes. -SOURCE- (Pub. L. 96-39, Sec. 1(c), July 26, 1979, 93 Stat. 146.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. The Trade Act of 1974, referred to in par. (1), is Pub. L. 93- 618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (Sec. 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. -End- -CITE- 19 USC Sec. 2503 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -HEAD- Sec. 2503. Approval of trade agreements -STATUTE- (a) Approval of agreements and statements of administrative action In accordance with the provisions of sections 2112 and 2191 of this title, the Congress approves the trade agreements described in subsection (c) of this section submitted to the Congress on June 19, 1979, and the statements of administrative action proposed to implement such trade agreements submitted to the Congress on that date. (b) Acceptance of agreements by the President (1) In general The President may accept for the United States the final legal instruments or texts embodying each of the trade agreements approved by the Congress under subsection (a) of this section. The President shall submit a copy of each final instrument or text to the Congress on the date such text or instrument is available, together with a notification of any changes in the instruments or texts, including their annexes, if any, as accepted and the texts of such agreements as submitted to the Congress under subsection (a) of this section. Such final legal instruments or texts shall be deemed to be the agreements submitted to and approved by the Congress under subsection (a) of this section if such changes are - (A) only rectifications of a formal character or minor technical or clerical changes which do not affect the substance or meaning of the texts as submitted to the Congress on June 19, 1979, or (B) changes in annexes to such agreements, and the President determines that the balance of United States rights and obligations under such agreements is maintained. (2) Application of agreement between the United States and other countries No agreement accepted by the President under paragraph (1) shall apply between the United States and any other country unless the President determines that such country - (A) has accepted the obligations of the agreement with respect to the United States, and (B) should not otherwise be denied the benefits of the agreement with respect to the United States because such country has not accorded adequate benefits, including substantially equal competitive opportunities for the commerce of the United States to the extent required under section 2136(c) (!1) of this title, to the United States. (3) Limitation on acceptance concerning major industrial countries The President may not accept an agreement described in paragraph (1), (2), (3), (4), (5), (6), (7), (9), (10), or (11) of subsection (c) of this section, unless he determines that each major industrial country (as defined in section 2136(d) (!1) of this title) is also accepting the agreement. Notwithstanding the preceding sentence, the President may accept such an agreement, if he determines that only one major industrial country is not accepting that agreement and the acceptance of that agreement by that country is not essential to the effective operation of the agreement, and if - (A) that country is not a major factor in trade in the products covered by that agreement, (B) the President has authority to deny the benefits of the agreement to that country and has taken steps to deny the benefits of the agreement to that country, or (C) a significant portion of United States trade would benefit from the agreement, notwithstanding such nonacceptance, and the President determines and reports to the Congress that it is in the national interest of the United States to accept the agreement. For purposes of this paragraph, the acceptance of an agreement by the European Communities on behalf of its member countries shall also be treated as acceptance of that agreement by each member country, and acceptance of an agreement by all the member countries of the European Communities shall also be treated as acceptance of that agreement by the European Communities. (c) Trade agreements to which this Act applies The trade agreements to which subsection (a) of this section applies are the following: (1) The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (relating to customs valuation). (2) The Agreement on Government Procurement. (3) The Agreement on Import Licensing Procedures. (4) The Agreement on Technical Barriers to Trade (relating to product standards). (5) The Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures). (6) The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures). (7) The International Dairy Arrangement. (8) Certain bilateral agreements on cheese, other dairy products, and meat. (9) The Arrangement Regarding Bovine Meat. (10) The Agreement on Trade in Civil Aircraft. (11) Texts Concerning a Framework for the Conduct of World Trade. (12) Certain Bilateral Agreements to Eliminate the Wine-Gallon Method of Tax and Duty Assessment. (13) Certain other agreements to be reflected in Schedule XX of the United States to the General Agreement on Tariffs and Trade, including Agreements - (A) to Modify United States Watch Marking Requirements, and to Modify United States Tariff Nomenclature and Rates of Duty for Watches, (B) to Provide Duty-Free Treatment for Agricultural and Horticultural Machinery, Equipment, Implements, and Parts Thereof, and (C) to Modify United States Tariff Nomenclature and Rates of Duty for Ceramic Tableware. (14) The Agreement with the Hungarian People's Republic. -SOURCE- (Pub. L. 96-39, Sec. 2, July 26, 1979, 93 Stat. 147.) -REFTEXT- REFERENCES IN TEXT Section 2136(c) of this title, referred to in subsec. (b)(2)(B), was repealed, and section 2136(d) of this title, referred to in subsec. (b)(3), which defined the term "major industrial country" was redesignated section 2136(c), by Pub. L. 105-362, title XIV, Sec. 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294. This Act, referred to in subsec. (c), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. -TRANS- DELEGATION OF FUNCTIONS Functions of the President under subsec. (b) of this section delegated to the United States Trade Representative, see section 1- 103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title. -MISC1- APPROVAL AND IMPLEMENTATION OF PROTOCOL TO THE TRADE AGREEMENT RELATING TO CUSTOMS VALUATION Pub. L. 96-490, Sec. 1, Dec. 2, 1980, 94 Stat. 2556, provided that: "(a) Approval of Protocol. - In accordance with the provisions of sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the Congress approves - "(1) the trade agreement entitled 'Protocol to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade' (hereinafter in this Act [amending section 1401a of this title and enacting provision set out as a note under section 1401a of this title] referred to as the 'Protocol') submitted to the Congress on August 1, 1980; and "(2) the statement of administrative action proposed to implement such trade agreement submitted to the Congress on that date. "(b) Acceptance of Protocol by the President. - "(1) In general. - Subject to paragraph (2), the President may accept the Protocol for the United States. "(2) Limitation on acceptance of protocol. - Paragraph (3) of section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b)(3)) (relating to the limitation on acceptance of trade agreements concerning major industrial countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is referred to in such paragraph (3). "(c) Application of Protocol. - Paragraph (2) of section 2(b) of such Act of 1979 (19 U.S.C. 2503(b)(2)) (relating to the application of agreements between the United States and other countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is accepted by the President under paragraph (1) of such section 2(b). "(d) Relationship of Protocol to United States Law. - Subsections (a), (b), (c), and (f) of section 3 of such Act of 1979 (19 U.S.C. 2504(a), (b), (c), and (f) [19 U.S.C. 2504(a), (b), (c), and (d)]) (relating to the priority of domestic law in case of conflict, implementing regulations, statutory changes to implement agreement amendments, and disclaimer regarding the creation of any private right of action or remedy) apply to the Protocol and for such purpose the Protocol shall be treated as a trade agreement approved by the Congress under section 2(a) of such Act of 1979, 19 U.S.C. 2503(a)." [The Protocol was accepted for the United States on Dec. 30, 1980.] DETERMINATION REGARDING ACCEPTANCE AND APPLICATION OF CERTAIN INTERNATIONAL TRADE AGREEMENTS 1. Pursuant to section 102 of the Trade Act of 1974 (19 U.S.C. 2112(b)), I, through my duly empowered representative, on April 12, 1979, entered into the international agreements negotiated in the Tokyo Round of Multilateral Trade Negotiations. These agreements were: (i) Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade; (ii) Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade; (iii) Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade; (iv) Agreement on Government Procurement; (v) Agreement on Technical Barriers to Trade; (vi) Agreement on Import Licensing Procedures; (vii) Agreement on Trade in Civil Aircraft; (viii) International Dairy Arrangement; and (ix) Arrangement Regarding Bovine Meat. These agreements are collectively referred to herein as the "MTN agreements". 2. In accordance with sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the MTN agreements were submitted to Congress for its approval. Section 2 of the Trade Agreements Act of 1979 (93 Stat. 147) [this section] approves the MTN agreements and authorizes the President to accept each of the MTN agreements provided that the President determines that all, or all but one, of the major industrial countries (as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d)) is also accepting the agreement. If the President determines that only one major industrial country is not accepting an agreement, the President may nevertheless accept such an agreement if he determines that the acceptance of that agreement by that country is not essential to the effective operation of the agreement, and if: (A) that country is not a major factor in trade in the products covered by that agreement; (B) the President has authority to deny the benefits of the agreement to that country and has taken steps to deny the benefits of the agreement to that country; or (C) a significant portion of United States trade would benefit from the agreement, notwithstanding such nonacceptance, and the President determines and reports to the Congress that it is in the national interest of the United States to accept the agreement. 3. Section 2 of the Trade Agreements Act of 1979 [this section] also provides that no agreement accepted by the President shall apply between the United States and any other country unless the President determines that such country: (A) has accepted the obligations of the agreement with respect to the United States, and (B) should not otherwise be denied the benefits of the agreement with respect to the United States because such country has not accorded adequate benefits, including substantially equal competitive opportunities for the commerce of the United States to the extent required under section 126(c) of the Trade Act of 1974 (19 U.S.C. 2136(c)), to the United States. 4. Section 701 of the Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671], provides that the President must determine that certain conditions must be met before a country can be considered a "country under the Agreement" and, therefore, entitled to the injury determination provided for in section 703(a) and 705(b) of the Tariff Act of 1930 (93 Stat. 152 and 159) [19 U.S.C. 1671b(a) and 1671d(b)]. 5. Section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267) authorizes the President to proclaim certain modifications in the Tariff Schedules of the United States if the President determines that the conditions under section 2(b) of the Trade Agreements Act of 1979 (93 Stat. 147) [subsec. (b) of this section] on acceptance of the Agreement on Trade in Civil Aircraft have been fulfilled. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of sections 2 [this section] and 601(a) of the Trade Agreements Act of 1979 (93 Stat. 147 and 267), herein referred to as "the Act", section 701 of the Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671], and section 301 of title 3 of the United States Code do hereby 1. Determine that: a. With respect to the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, and the Agreement on Trade in Civil Aircraft, (i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147) [subsec. (b)(1) and (3) of this section], each major industrial country (as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d)) is also accepting the agreement with the exception of Japan; (ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147) [subsec. (b)(3) of this section], the acceptance of these agreements by Japan is not essential to the effective operation of the agreements for that period of time during which Japan is completing its Constitutional procedures to accept the agreements and in light of the stated intention of the Government of Japan to act in the interim in line with the agreements within its existing powers; and (iii) in accordance with section 2(b)(3)(C) of the Act (93 Stat. 148) [subsec. (b)(3)(C) of this section], a significant portion of United States trade will benefit from these agreements, notwithstanding the anticipated short delay in acceptance by Japan, and it is in the national interest of the United States to accept these agreements. b. The conditions in section 701(b)(3)(A), (B) and (C) of the Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) [19 U.S.C. 1671(b)(3)(A), (B) and (C)] will have been met with respect to Venezuela, Honduras, Nepal, North Yemen, El Salvador, Paraguay and Liberia. c. With respect to the International Dairy Arrangement, (i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147) [subsec. (b)(1) and (3) of this section], each major industrial country (as defined in section 126(d)) [19 U.S.C. 2136(d)] is also accepting the agreement with the exception of Canada; (ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147) [subsec. (b)(3) of this section], the acceptance of this agreement by Canada is not essential to the effective operation of the agreement; and (iii) in accordance with section 2(b)(3)(A) of the Act [subsec. (b)(3)(A) of this section], Canada is not a major factor in trade in the products covered by the agreement. d. With respect to the Arrangement Regarding Bovine Meat, in accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147) [subsec. (b)(1) and (3) of this section], each major industrial country (as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d) is also accepting the agreement. e. In accordance with section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267), (i) the conditions under section 2(b) of that Act (93 Stat. 147) [subsec. (b) of this section] on acceptance of the Agreement on Trade in Civil Aircraft have been fulfilled; (ii) the modifications provided for in section A of Annex II to Proclamation No. 4707 of December 11, 1979 [see note set out under section 2111 of this title], which were authorized by section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267), shall be effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1980; and (iii) the amendment to section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) provided for in section 601(a)(3) of the Trade Agreements Act of 1979 (93 Stat. 268) shall be effective with respect to entries made under section 466 on and after January 1, 1980. 2. Authorize the United States Special Representative for Trade Negotiations [now United States Trade Representative], or his designee, on behalf of the United States of America, (a) to sign and accept the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, the Agreement on Technical Barriers to Trade, the Agreement on Import Licensing Procedures, the Agreement on Trade in Civil Aircraft, the International Dairy Arrangement and the Arrangement Regarding Bovine Meat; (b) to sign the Agreement on Government Procurement subject to satisfactory completion of negotiations on entity coverage under the Agreement; and (c) to sign the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade subject to acceptance. 3. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.] Jimmy Carter. DETERMINATION REGARDING MULTILATERAL TRADE NEGOTIATIONS Memorandum of the President of the United States, dated Dec. 14, 1979, provided: I have signed the enclosed document concerning certain international trade agreements pursuant to the authority vested in me under the Constitution and laws of the United States, including the Trade Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144) and section 301 of title 3 of the United States Code. On my behalf, please transmit copies of this document to the Speaker of the House of Representatives and the President of the Senate. This document shall be published in the Federal Register. Jimmy Carter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 19 USC Sec. 2504 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 -HEAD- Sec. 2504. Relationship of trade agreements to United States law -STATUTE- (a) United States statutes to prevail in conflict No provision of any trade agreement approved by the Congress under section 2503(a) of this title, nor the application of any such provision to any person or circumstance, which is in conflict with any statute of the United States shall be given effect under the laws of the United States. (b) Implementing regulations Regulations necessary or appropriate to carry out actions proposed in any statement of proposed administrative action submitted to the Congress under section 2112 of this title to implement each agreement approved under section 2503(a) of this title shall be issued within 1 year after the date of the entry into force of such agreement with respect to the United States. (c) Changes in statutes to implement a requirement, amendment, or recommendation (1) Presidential determination Whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation under such an agreement, he shall submit to the Congress a draft of a bill to accomplish the amendment, repeal, or enactment and a statement of any administrative action proposed to implement the requirement, amendment, or recommendation. Not less than 30 days before submitting such a bill, the President shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each committee of the House or Senate which has jurisdiction over legislation involving subject matters which would be affected by such amendment, repeal, or enactment. The consultation shall treat all matters relating to the implementation of such requirement, amendment, or recommendation, as provided in paragraphs (2) and (3). (2) Conditions for taking effect under United States law No such amendment shall enter into force with respect to the United States, and no such requirement, amendment, or recommendation shall be implemented under United States law, unless - (A) the President, after consultation with the Congress under paragraph (1), notifies the House of Representatives and the Senate of his determination and publishes notice of that determination in the Federal Register, (B) the President transmits a document to the House of Representatives and to the Senate containing a copy of the text of such requirement, amendment, or recommendation, together with - (i) a draft of a bill to amend or repeal provisions of existing statutes or to create statutory authority and an explanation as to how the bill and any proposed administrative action affect existing law, and (ii) a statement of how the requirement, amendment, or recommendation serves the interests of United States commerce and why the legislative and administrative action is necessary or appropriate to carry out the requirement, amendment, or recommendation, and (C) the bill submitted by the President is enacted into law. (3) Recommendations as to application The President may make the same type of recommendations, in the same manner and subject to the same conditions, to the Congress with respect to the application of any such requirement, amendment, or recommendation as he may make, under section 2112(f) of this title, with respect to a trade agreement. (4) Congressional procedures applicable The bill submitted by the President shall be introduced in accordance with the provisions of subsection (c)(1) of section 2191 of this title, and the provisions of subsections (d), (e), (f), and (g) of such section shall apply to the consideration of the bill. For the purpose of applying section 2191 of this title to such bill - (A) the term "trade agreement" shall be treated as a reference to the requirement, amendment, or recommendation, and (B) the term "implementing bill" or "implementing revenue bill", whichever is appropriate, shall be treated as a reference to the bill submitted by the President. (d) Unspecified private remedies not created Neither the entry into force with respect to the United States of any agreement approved under section 2503(a) of this title, nor the enactment of this Act, shall be construed as creating any private right of action or remedy for which provision is not explicitly made under this Act or under the laws of the United States. -SOURCE- (Pub. L. 96-39, Sec. 3(a)-(c), (f), July 26, 1979, 93 Stat. 148- 150.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (d), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. -COD- CODIFICATION As originally enacted section 3 of Pub. L. 96-39 consisted of subsecs. (a) to (c), (e) and (f), without a provision designated as (d). Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has been redesignated as (d) for the purposes of codification of this section. -MISC1- UNITED STATES-CANADA FREE-TRADE AGREEMENT Subsec. (c) of this section applicable as if United States-Canada Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an agreement approved under section 2503(a) of this title, see section 102(e) of Pub. L. 100-449, set out in a note under section 2112 of this title. -End- -CITE- 19 USC SUBCHAPTER I - GOVERNMENT PROCUREMENT 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- SUBCHAPTER I - GOVERNMENT PROCUREMENT -End- -CITE- 19 USC Sec. 2511 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2511. General authority to modify discriminatory purchasing requirements -STATUTE- (a) Presidential waiver of discriminatory purchasing requirements Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b) of this section, and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded - (1) to United States products and suppliers of such products; or (2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products. (b) Designation of eligible countries and instrumentalities The President may designate a foreign country or instrumentality for purposes of subsection (a) of this section only if he determines that such country or instrumentality - (1) is a country or instrumentality which (A) has become a party to the Agreement or the North American Free Trade Agreement, and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products; (2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers; (3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or (4) is a least developed country. (c) Modification or withdrawal of waivers and designations The President may modify or withdraw any waiver granted pursuant to subsection (a) of this section or designation made pursuant to subsection (b) of this section. (d) Omitted (e) Procurement procedures by certain Federal agencies Notwithstanding any other provision of law, the President may direct any agency of the United States listed in Annex 1001.1a-2 of the North American Free Trade Agreement to procure eligible products in compliance with the procedural provisions of chapter 10 of such Agreement. (f) Small business and minority preferences The authority of the President under subsection (a) of this section to waive any law, regulation, procedure, or practice regarding Government procurement does not authorize the waiver of any small business or minority preference. -SOURCE- (Pub. L. 96-39, title III, Sec. 301, July 26, 1979, 93 Stat. 236; Pub. L. 100-418, title VII, Sec. 7005(e), Aug. 23, 1988, 102 Stat. 1553; Pub. L. 103-182, title III, Sec. 381(a), Dec. 8, 1993, 107 Stat. 2128.) -MISC1- AMENDMENTS 1993 - Subsec. (a). Pub. L. 103-182, Sec. 381(a)(1), substituted "Subject to subsection (f) of this section, the President" for "The President". Subsec. (b)(1). Pub. L. 103-182, Sec. 381(a)(2), inserted "or the North American Free Trade Agreement" after "the Agreement". Subsecs. (e), (f). Pub. L. 103-182, Sec. 381(a)(3), added subsecs. (e) and (f). 1988 - Subsec. (d). Pub. L. 100-418, Secs. 7004, 7005(e), temporarily added subsec. (d) which read as follows: "The authority of the President under subsection (a) of this section to waive any laws, regulation, procedure, or practice shall be effective notwithstanding any other provision of law hereafter enacted (excluding the provisions of and amendments made by the Buy American Act of 1988) unless such other provision specifically refers to and amends this section." See Termination Date of 1988 Amendment note below. EFFECTIVE DATE OF 1993 AMENDMENT Section 381(e) of title III of Pub. L. 103-182 provided that: "The provisions of this subtitle [subtitle G (Sec. 381) of title III of Pub. L. 103-182, amending this section, sections 2512 and 2518 of this title, and provisions set out as a note under section 903 of Title 7, Agriculture] take effect on the date the Agreement [North American Free Trade Agreement] enters into force with respect to the United States [Jan. 1, 1994]." TERMINATION DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30, 1996, unless Congress, after reviewing report required by former section 2515(k) of this title, extends such date, see section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendments note under section 10a of Title 41, Public Contracts. EFFECTIVE DATE Section 309 of title III of Pub. L. 96-39 provided that: "The provisions of this title [this subchapter] shall be effective on the date of enactment of this Act [July 26, 1979], except that - "(1) the authority of the President to grant waivers under section 303 [section 2513 of this title] shall be effective on January 1, 1980; and "(2) the authority of the President to grant waivers under section 301 [this section] shall be effective on January 1, 1981." -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, see section 1-201 of Ex. Ord. No. 12260, set out as a note below. -EXEC- EX. ORD. NO. 12260. AGREEMENT ON GOVERNMENT PROCUREMENT Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, as amended by Ex. Ord. No. 12347, Feb. 23, 1982, 47 F.R. 8149; Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12474, Apr. 17, 1984, 49 F.R. 15539; Ex. Ord. No. 13118, Sec. 10(7), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13284, Sec. 12, Jan. 23, 2003, 68 F.R. 4076, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Title III of the Trade Agreements Act of 1979 (19 U.S.C. 2511-2518), and Section 301 of Title 3 of the United States Code, and in order to implement the Agreement on Government Procurement, as defined in 19 U.S.C. 2518(1), it is hereby ordered as follows: -MISC2- 1-1. RESPONSIBILITIES 1-101. The obligations of the Agreement on Government Procurement (Agreement on Government Procurement, General Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT 1979)) apply to any procurement of eligible products by the Executive agencies listed in the Annex to this Order (eligible products are defined in Section 308 of the Trade Agreements Act of 1979; 19 U.S.C. 2518(4)). Such procurement shall be in accord with the policies and procedures of the Office of Federal Procurement Policy (41 U.S.C. 401 et seq.). 1-102. The United States Trade Representative, hereinafter referred to as the Trade Representative, shall be responsible for interpretation of the Agreement. The Trade Representative shall seek the advice of the interagency organization established under Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected Executive agencies, including the Office of Federal Procurement Policy. 1-103. The interpretation of Article VIII:1 of the Agreement shall be subject to the concurrence of the Secretary of Defense 1-104. The Trade Representative shall determine, from time to time, the dollar equivalent of 150,000 Special Drawing Right units and shall publish that determination in the Federal Register. Procurement of less than 150,000 Special Drawing Right units is not subject to the Agreement or this Order (Article I:1(b) of the Agreement). 1-105. In order to ensure coordination of international trade policy with regard to the implementation of the Agreement, agencies shall consult in advance with the Trade Representative about negotiations with foreign governments or instrumentalities which concern government procurement. 1-2. DELEGATIONS AND AUTHORIZATION 1-201. The functions vested in the President by Sections 301, 302, 304, 305(c) and 306 of the Trade Agreements Act of 1979 (19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to the Trade Representative. 1-202. Notwithstanding the delegation in Section 1-201, the Secretary of Defense is authorized, in accord with Section 302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)(3)), to waive the prohibitions specified therein. -EXEC- ANNEX 1. ACTION 2. Administrative Conference of the United States 3. American Battle Monuments Commission 4. Board for International Broadcasting 5. Civil Aeronautics Board 6. Commission on Civil Rights 7. Commodity Futures Trading Commission 8. Consumer Product Safety Commission 9. Department of Agriculture (The Agreement on Government Procurement does not apply to procurement of agricultural products made in furtherance of agricultural support programs or human feeding programs) 10. Department of Commerce 11. Department of Defense (Excludes Corps of Engineers) 12. Department of Education 13. Department of Health and Human Services 14. Department of Homeland Security 15. Department of Housing and Urban Development 16. Department of the Interior (Excludes the Bureau of Reclamation) 17. Department of Justice 18. Department of Labor 19. Department of State 20. Department of the Treasury 21. Environmental Protection Agency 22. Equal Employment Opportunity Commission 23. Executive Office of the President 24. Export-Import Bank of the United States 25. Farm Credit Administration 26. Federal Communications Commission 27. Federal Deposit Insurance Corporation 28. Federal Home Loan Bank Board 29. Federal Maritime Commission 30. Federal Mediation and Conciliation Service 31. Federal Trade Commission 32. General Services Administration (Purchases by the Tools Commodity Center, and the Region 9 Office in San Francisco, California are not included) 33. Interstate Commerce Commission 34. Merit Systems Protection Board 35. National Aeronautics and Space Administration 36. National Credit Union Administration 37. National Labor Relations Board 38. National Mediation Board 39. National Science Foundation 40. National Transportation Safety Board 41. Nuclear Regulatory Commission 42. Office of Personnel Management 43. Overseas Private Investment Corporation 44. Panama Canal Commission 45. Railroad Retirement Board 46. Securities and Exchange Commission 47. Selective Service System 48. Smithsonian Institution 49. United States Arms Control and Disarmament Agency 50. United States Information Agency 51. United States Agency for International Development 52. United States International Trade Commission 53. Veterans Administration 54. Maritime Administration of the Department of Transportation 55. The Peace Corps [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] [For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.] EX. ORD. NO. 12849. IMPLEMENTATION OF AGREEMENT WITH EUROPEAN COMMUNITY ON GOVERNMENT PROCUREMENT Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, provided: WHEREAS, the United States and the European Community (EC) have entered into a Memorandum of Understanding on Government Procurement (Agreement) that provides appropriate reciprocal competitive government procurement opportunities; WHEREAS, the commitments made in the Agreement are intended to become part of an expanded General Agreement on Tariffs and Trade Agreement on Government Procurement (GATT Code) and are an important step toward an expanded GATT Code; WHEREAS, as a result of these commitments, U.S. businesses will obtain increased access to EC member state procurement for U.S. goods and services; WHEREAS, I have determined that it is inconsistent with the public interest to apply the restrictions of the Buy American Act, as amended (41 U.S.C. 10a-10d) [41 U.S.C. 10a, 10b, 10c], to procurement covered by the Agreement; NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-2518), and in order to implement the Agreement, it is hereby ordered as follows: Section 1. In applying the provisions of the Buy American Act, the heads of the agencies listed in Annex 1, Parts A and B, of this order are requested, as of the date of this order, to apply no price differential between articles, materials, or supplies of U.S. origin and those originating in the member states of the EC. Sec. 2. For purposes of this order, the rule of origin specified in section 308 of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2518), shall apply in determining whether goods originate in the member states of the EC. Sec. 3. This order shall apply only to solicitations, issued by agencies listed in Annex 1, Parts A and B, of this order, above the threshold amounts set forth in Annex 2. Sec. 4. This order shall apply to solicitations outstanding on the date of this order, except for those for which the initial deadline for receipt of bids or proposals has passed, and to all solicitations issued after the date of this order. Sec. 5. Except for procurements by the Department of Defense, the United States Trade Representative (USTR) shall be responsible for interpretation of the Agreement. The USTR shall seek the advice of the interagency organization established under section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected agencies, including the Office of Federal Procurement Policy. Sec. 6. This Executive order is effective immediately. Although regulatory implementation of this order must await revisions to the Federal Acquisition Regulation (FAR), it is expected that agencies listed in Annex 1, Parts A and B, of this order will take all appropriate actions in the interim to implement those aspects of the order that are not dependent upon regulatory revision. Sec. 7. Pursuant to section 25 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 421(a)), the Federal Acquisition Regulatory Council shall ensure that the policies established herein are incorporated in the FAR within 30 days from the date this order is issued. William J. Clinton. ANNEX 1A Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy (Not including national security procurement made in support of safeguarding nuclear materials or technology and entered into under the authority of the Atomic Energy Act [42 U.S.C. 2011 et seq.]; and oil purchases related to the Strategic Petroleum Reserve) Department of Health and Human Services Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of State Department of Transportation (The national security consideration currently applicable to the Department of Defense under the GATT Government Procurement Code is equally applicable under this Agreement to the Coast Guard) Department of the Treasury United States Agency for International Development General Services Administration (other than Federal Supply Groups 51 and 52 and Federal Supply Class 7340) National Aeronautics and Space Administration Department of Veterans Affairs Environmental Protection Agency United States Information Agency National Science Foundation Panama Canal Commission Executive Office of the President Farm Credit Administration National Credit Union Administration Merit Systems Protection Board ACTION Agency United States Arms Control and Disarmament Agency Office of Thrift Supervision Federal Housing Finance Board National Labor Relations Board National Mediation Board Railroad Retirement Board American Battle Monuments Commission Federal Communications Commission Federal Trade Commission Interstate Commerce Commission Securities and Exchange Commission Office of Personnel Management United States International Trade Commission Export-Import Bank of the United States Federal Mediation and Conciliation Service Selective Service System Smithsonian Institution Federal Deposit Insurance Corporation Consumer Product Safety Commission Equal Employment Opportunity Commission Federal Maritime Commission National Transportation Safety Board Nuclear Regulatory Commission Overseas Private Investment Corporation Administrative Conference of the United States Board for International Broadcasting Commission on Civil Rights Commodity Futures Trading Commission The Peace Corps National Archives and Records Administration ANNEX 1B The Power Marketing Administrations of the Department of Energy Tennessee Valley Authority ANNEX 2 Thresholds Applicable to Agencies listed in Annex 1A Goods contracts - 130,000 SDRs (currently $176,000) Construction contracts - $6,500,000 Thresholds Applicable to Agencies listed in Annex 1B Goods contracts - $450,000 Construction contracts - $6,500,000 [For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.] [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] -End- -CITE- 19 USC Sec. 2512 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2512. Authority to encourage reciprocal competitive procurement practices -STATUTE- (a) Authority to bar procurement from non-designated countries (1) In general Subject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products - (A) shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products - (i) which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title, and (ii) which would otherwise be eligible products; and (B) may, with respect to procurement covered by the Agreement, take such other actions within the President's authority as the President deems necessary. (2) Exception Paragraph (1) shall not apply in the case of procurements for which - (A) there are no offers of products or services of the United States or of eligible products; or (B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government. (b) Deferrals and waivers Notwithstanding subsection (a) of this section, but in furtherance of the objective of encouraging countries to become parties to the Agreement and provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products, the President may - (1) waive the prohibition required by subsection (a)(1) of this section on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but - (A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and (B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement; (2) authorize agency heads to waive, subject to interagency review and general policy guidance by the organization established under section 1872(a) of this title, such prohibition on a case-by-case basis when in the national interest; and (3) authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title, such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense. Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 2155 of this title and with the appropriate committees of the Congress. (c) Report on impact of restrictions (1) Impact on the economy On or before July 1, 1981, the President shall report to the Committee on Ways and Means and the Committee on Government Operations of the House of Representatives and to the Committee on Finance and the Committee on Governmental Affairs of the Senate on the effects on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget) of the refusal of developed countries to allow the Agreement to cover the entities of the governments of such countries which are the principal purchasers of goods and equipment in appropriate product sectors. (2) Recommendations for attaining reciprocity The report required by paragraph (1) shall include an evaluation of alternative means to obtain equity and reciprocity in such product sectors, including (A) prohibiting the procurement of products of such countries by United States entities not covered by the Agreement, and (B) modifying the application of title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), commonly referred to as the Buy American Act. The report shall include an analysis of the effect of such alternative means on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget), and on successful negotiations on the expansion of the coverage of the Agreement pursuant to section 2514(a) and (b) of this title, other trade negotiating objectives, the relationship of the Federal Government to State and local governments, and such other factors as the President deems appropriate. (3) Consultation In the preparation of the report required by paragraph (1) and the evaluation and analysis required by paragraph (2), the President shall consult with representatives of the public, industry, and labor, and make available pertinent, nonconfidential information obtained in the course of such preparation to the advisory committees established pursuant to section 2155 of this title. (d) Proposed action (1) Presidential report On or before October 1, 1981, the President shall prepare and transmit to the congressional committees referred to in subsection (c)(1) of this section a report which describes the actions he deems appropriate to establish reciprocity with major industrialized countries in the area of Government procurement. (2) Procedure (A) Presidential determination If the President determines that any changes in existing law or new statutory authority are required to authorize or to implement any action proposed in the report submitted under paragraph (1), he shall, on or after January 1, 1982, submit to the Congress a bill to accomplish such changes or provide such new statutory authority. Prior to submitting such a bill, the President shall consult with the appropriate committees of the Congress having jurisdiction over legislation involving subject matters which would be affected by such action, and shall submit to such committees a proposed draft of such bill. (B) Congressional consideration The appropriate committee of each House of the Congress shall give a bill submitted pursuant to subparagraph (A) prompt consideration and shall make its best efforts to take final committee action on such bill in an expeditious manner. -SOURCE- (Pub. L. 96-39, title III, Sec. 302, July 26, 1979, 93 Stat. 236; Pub. L. 103-182, title III, Sec. 381(b), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103-465, title III, Sec. 343(a), (b), Dec. 8, 1994, 108 Stat. 4954, 4955.) -REFTEXT- REFERENCES IN TEXT Title III of the Act of March 3, 1933, referred to in subsec. (c)(2), is act Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as amended, known as the Buy American Act, which is classified generally to sections 10a, 10b, and 10c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 10a of Title 41 and Tables. -MISC1- AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-465, Sec. 343(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "With respect to procurement covered by the Agreement, the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products - "(1) shall prohibit the procurement, after the date on which any waiver under section 2511(a) of this title first takes effect, of products (A) which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title, and (B) which are products covered under the Agreement for procurement by the United States; and "(2) may take such other actions within his authority as he deems necessary." Subsec. (b). Pub. L. 103-465, Sec. 343(b)(2), inserted concluding provisions. Subsec. (b)(1). Pub. L. 103-465, Sec. 343(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "delay, for a period not to exceed two years, the prohibition of procurement, required pursuant to subsection (a)(1) of this section, of products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title, except that no such delay shall be granted with respect to the procurement of products of any major industrial country;". 1993 - Subsec. (a)(1). Pub. L. 103-182 substituted "are products covered under the Agreement for procurement by the United States" for "would otherwise be eligible products". -CHANGE- CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note under section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. -MISC2- EFFECTIVE DATE OF 1994 AMENDMENT Section 344 of title III of Pub. L. 103-465 provided that: "(a) In General. - Except as provided in subsection (b), the amendments made by this subtitle [subtitle E (Secs. 341-344 of title III of Pub. L. 103-465, amending this section and sections 2513 to 2515, 2517, and 2518 of this title, repealing section 2516 of this title, and amending provisions set out as a note under section 903 of Title 7, Agriculture] take effect on the date on which the Agreement on Government Procurement referred to in section 101(d)(17) [19 U.S.C. 3511(d)(17)] enters into force with respect to the United States [Jan. 1, 1995]. "(b) Section 342(g). - The amendments made by section 342(g) [amending provisions set out as a note under section 903 of Title 7] take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]." EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 381(e) of Pub. L. 103- 182, set out as a note under section 2511 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, with authority delegated to Secretary of Defense to waive the prohibitions contained in subsec. (b)(3) of this section, see section 1-201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title. -End- -CITE- 19 USC Sec. 2513 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2513. Waiver of discriminatory purchasing requirements with respect to purchases of civil aircraft -STATUTE- The President may waive the application of the provisions of title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), popularly referred to as the Buy American Act, in the case of any procurement of civil aircraft and related articles of a country or instrumentality which is a party to the Agreement on Trade in Civil Aircraft referred to in section 2503(c) of this title and approved under section 2503(a) of this title. The President may modify or withdraw any waiver granted pursuant to this section. -SOURCE- (Pub. L. 96-39, title III, Sec. 303, July 26, 1979, 93 Stat. 238; Pub. L. 103-465, title III, Sec. 342(a), Dec. 8, 1994, 108 Stat. 4953.) -REFTEXT- REFERENCES IN TEXT Title III of the Act of March 3, 1933, referred to in text, is act Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as amended, known as the Buy American Act, which is classified generally to sections 10a, 10b, and 10c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 10a of Title 41 and Tables. -MISC1- AMENDMENTS 1994 - Pub. L. 103-465 inserted "referred to in section 2503(c) of this title and approved under section 2503(a) of this title" after "Civil Aircraft". EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States [Jan. 1, 1995], see section 344(a) of Pub. L. 103- 465, set out as a note under section 2512 of this title. EFFECTIVE DATE Section effective July 26, 1979, but authority of President to grant waivers under this section effective on Jan. 1, 1980, see section 309 of Pub. L. 96-39, set out as a note under section 2511 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, see section 1-103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title. -End- -CITE- 19 USC Sec. 2514 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2514. Expansion of the coverage of the Agreement -STATUTE- (a) Overall negotiating objective The President shall seek in the renegotiations provided for in article XXIV(7) of the Agreement more open and equitable market access abroad, and the harmonization, reduction, or elimination of devices which distort trade or commerce related to Government procurement, with the overall goal of maximizing the economic benefit to the United States through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, the development of fair and equitable market opportunities, and open and nondiscriminatory world trade. In carrying out the provisions of this subsection, the President shall consider the assessment made in the report required under section 2516(a) (!1) of this title. (b) Sector negotiating objectives The President shall seek, consistent with the overall objective set forth in subsection (a) of this section and to the maximum extent feasible, with respect to appropriate product sectors, competitive opportunities for the export of United States products to the developed countries of the world equivalent to the competitive opportunities afforded by the United States, taking into account all barriers to, and other distortions of, international trade affecting that sector. (c) Independent verification objective The President shall seek to establish in the renegotiation provided for in article XXIV(7) of the Agreement a system for independent verification of information provided by parties to the Agreement to the Committee on Government Procurement pursuant to article XIX(5) of the Agreement. (d) Reports on negotiations (1) Report in the event of inadequate progress If, during the renegotiations of the Agreement, the President at any time determines that the renegotiations are not progressing satisfactorily and are not likely to result, within twelve months of the commencement thereof, in an expansion of the Agreement to cover purchases by the entities of the governments of developed countries which are the principal purchasers of goods and equipment in appropriate product sectors, he shall so report to the congressional committees referred to in section 2512(c)(1) of this title. Taking into account the objectives set forth in subsections (a) and (b) of this section and the factors required to be analyzed under section 2512(c) of this title, the President shall further report to such committees appropriate actions to seek reciprocity in such product sectors with such countries in the area of government procurement. (2) Legislative recommendations Taking into account the factors required to be analyzed under section 2512(c) of this title, the President may recommend to the Congress legislation (with respect to entities of the Government which are not covered by the Agreement) which may prohibit such entities from purchasing products of such countries. (3) Annual reports Each annual report of the President under section 163(a) of the Trade Act of 1974 [19 U.S.C. 2213(a)] made after July 26, 1979 shall report the actions, if any, the President deemed appropriate to establish reciprocity in appropriate product sectors with major industrial countries in the area of government procurement. (e) Extension of nondiscrimination and national treatment Before exercising the waiver authority in section 2511 of this title for procurement not covered by the Agreement on the date it enters into force with respect to the United States, the President shall follow the consultation provisions of section 135 [19 U.S.C. 2155] and chapter 6 of title I of the Trade Act of 1974 [19 U.S.C. 2211 et seq.] for private sector and congressional consultations. -SOURCE- (Pub. L. 96-39, title III, Sec. 304, July 26, 1979, 93 Stat. 238; Pub. L. 103-465, title III, Sec. 342(b), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104-295, Sec. 20(c)(11), Oct. 11, 1996, 110 Stat. 3528.) -REFTEXT- REFERENCES IN TEXT Section 2516 of this title, referred to in subsec. (a), was repealed by Pub. L. 103-355, title VII, Sec. 7206(c), Oct. 13, 1994, 108 Stat. 3382, and Pub. L. 103-465, title III, Sec. 342(d), Dec. 8, 1994, 108 Stat. 4953. The Trade Act of 1974, referred to in subsec. (e), is Pub. L. 93- 618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 6 of title I of the Trade Act of 1974 is classified generally to part 6 of subchapter I (Sec. 2211 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-295, Sec. 20(c)(11)(A), struck out comma after "XXIV(7)". Subsec. (c). Pub. L. 104-295, Sec. 20(c)(11)(B), struck out comma after "XXIV(7)" and "XIX(5)". 1994 - Subsec. (a). Pub. L. 103-465, Sec. 342(b)(1), substituted "article XXIV(7)" for "part IX, paragraph 6". Subsec. (c). Pub. L. 103-465, Sec. 342(b)(1), (2), substituted "article XXIV(7)" for "part IX, paragraph 6" and "article XIX(5)" for "part VI, paragraph 9". Subsec. (e). Pub. L. 103-465, Sec. 342(b)(3), substituted "the date it enters into force with respect to the United States" for "July 26, 1979". EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States [Jan. 1, 1995], see section 344(a) of Pub. L. 103- 465, set out as a note under section 2512 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to United States Trade Representative, see section 1-201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title. -MISC2- AGREEMENT ON GOVERNMENT PROCUREMENT: ENTRY INTO FORCE The Agreement on Government Procurement, as referred to in section 3511(d)(17) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 19 USC Sec. 2515 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2515. Monitoring and enforcement -STATUTE- (a) Monitoring and enforcement structure recommendations In the preparation of the recommendations for the reorganization of trade functions, the President shall ensure that careful consideration is given to monitoring and enforcing the requirements of the Agreement and this subchapter, with particular regard to the tendering procedures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated pursuant to section 2511(b) of this title. (b) Rules of origin (1) Advisory rulings and final determinations For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title. (2) Penalties for fraudulent conduct In addition to any other provisions of law which may be applicable, section 1001 of title 18 shall apply to fraudulent conduct with respect to the origin of products for purposes of qualifying for a waiver under section 2511 of this title or avoiding a prohibition under section 2512 of this title. (c) Report to Congress on rules of origin (1) Domestic administrative practices As soon as practicable after the close of the two-year period beginning on the date on which any waiver under section 2511(a) of this title first takes effect, the President shall prepare and transmit to Congress a report containing an evaluation of administrative practices under any provision of law which requires determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce. Such evaluation shall be accompanied by the President's recommendations for legislative and executive measures required to improve and simplify and to make more uniform and consistent such practices. Such evaluation and recommendations shall take into account the special problems affecting insular possessions of the United States with respect to such practices. (2) Foreign administrative practices The report required under paragraph (1) shall contain an evaluation of the administrative practices under the laws of each major industrial country which require determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce, including an assessment of such practices on the exports of the United States. -SOURCE- (Pub. L. 96-39, title III, Sec. 305, July 26, 1979, 93 Stat. 239; Pub. L. 100-418, title VII, Sec. 7003, Aug. 23, 1988, 102 Stat. 1548; Pub. L. 103-465, title III, Secs. 341, 342(c), 343(c), Dec. 8, 1994, 108 Stat. 4951, 4953, 4955; Pub. L. 104-295, Sec. 20(c)(10), (13), Oct. 11, 1996, 110 Stat. 3528.) -MISC1- AMENDMENTS 1996 - Subsec. (d)(2)(B), (C). Pub. L. 104-295, Sec. 20(c)(10), struck out "or" at end of subpar. (B) and substituted semicolon for period at end of subpar. (C). Subsec. (g)(1). Pub. L. 104-295, Sec. 20(c)(13)(A), in introductory provisions, substituted "of subsection (d)(2) of this section" for "of such subsection" and inserted "of subsection (d)(2) of this section" after "(as the case may be)". Subsec. (g)(3). Pub. L. 104-295, Sec. 20(c)(13)(B), substituted "eliminated the practices" for "eliminated the the practices" and inserted "of subsection (d)(2) of this section" after "(as the case may be)". 1994 - Subsec. (d)(1). Pub. L. 103-465, Sec. 342(c), substituted "April 30 of each year," for "April 30, 1990, and annually on April 30 thereafter,". Subsec. (d)(2)(D), (E). Pub. L. 103-465, Sec. 341(c)(1), added subpars. (D) and (E) which read as follows: "(D)(i) are not signatories to the Agreement; "(ii) fail to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement; and "(iii) whose products or services are acquired in significant amounts by the United States Government; or "(E)(i) are not signatories to the Agreement; "(ii) fail to maintain and enforce effective prohibitions on bribery and other corrupt practices in connection with government procurement; and "(iii) whose products or services are acquired in significant amounts by the United States Government." Subsec. (d)(3)(C). Pub. L. 103-465, Sec. 341(c)(2), inserted before period at end ", including the failure to maintain and enforce effective prohibitions on bribery and other corrupt practices in connection with government procurement". Subsec. (f)(2). Pub. L. 103-465, Sec. 341(a)(1), substituted "the 18 months" for "a year" in introductory provisions. Subsec. (f)(2)(B) to (D). Pub. L. 103-465, Sec. 341(a)(2)-(4), struck out "or" at end of subpar. (B), redesignated subpar. (C) as (D), and added a new subpar. (C) which read as follows: "the procedures result in a determination providing a specific period of time for the other participant to bring its practices into compliance with the Agreement, or". Subsec. (f)(3). Pub. L. 103-465, Sec. 341(b)(1), amended heading and text of par. (3) to read as follows: "(3) Sanctions after dispute resolution fails. - "(A) Failures resulting in sanctions. - If - "(i) within 18 months from the date dispute settlement procedures are initiated with a signatory country pursuant to this section - "(I) such procedures are not concluded, or "(II) the country has not met the requirements of subparagraph (A) or (B) of paragraph (2), or "(ii) the period of time provided for pursuant to paragraph (2)(C) has expired and procedures for suspending concessions under the Agreement have been completed, then the sanctions described in subparagraph (B) shall be imposed. "(B) Sanctions. - "(i) In general. - If subparagraph (A) applies to any signatory country - "(I) the signatory country shall be considered as a signatory not in good standing of the Agreement and the prohibition on procurement contained in section 10b-1 of title 41 shall apply to such country, and "(II) the President shall revoke the waiver of discriminatory purchasing requirements granted to the signatory country pursuant to section 2511(a) of this title. "(ii) Time sanctions are imposed. - Any sanction - "(I) described in clause (i)(I) shall apply from the date that is the last day of the 18-month period described in subparagraph (A)(i) or, in the case of paragraph (2)(C), from the date procedures for suspending concessions under the Agreement have been completed, and "(II) described in clause (i)(II) shall apply beginning on the day after the date described in subclause (I)." Subsec. (f)(4). Pub. L. 103-465, Sec. 341(b)(2), substituted "subclause (I) or (II) of paragraph (3)(B)(i)" for "subparagraph (A) or (B) of paragraph (3)" in introductory provisions. Subsec. (g)(1). Pub. L. 103-465, Sec. 343(c)(1), in introductory provisions, substituted "(B), (C), (D), or (E)" for "(B) or (C)" and "the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)" for "their discriminatory procurement practices". Subsec. (g)(3). Pub. L. 103-465, Sec. 343(c)(2), substituted "the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)" for "discrimination identified pursuant to subsection (d)(2)(B) or (C) of this section". 1988 - Subsecs. (d) to (k). Pub. L. 100-418, Secs. 7003, 7004, temporarily added subsecs. (d) to (k) which read as follows: "(d) Annual Report on Foreign Discrimination. - "(1) Annual report required. - The President shall, no later than April 30 1990, and annually on April 30 thereafter, submit to the appropriate committees of the House of Representatives and the Committee on Governmental Affairs of the Senate, as well as other appropriate Senate committees, a report on the extent to which foreign countries discriminate against United States products or services in making government procurements. "(2) Identifications required. - In the annual report, the President shall identify (and continue to identify subject to subsections (f)(5) and (g)(3) of this section) any countries, other than least developed countries, that - "(A) are signatories to the Agreement and not in compliance with the requirements of the Agreement; "(B)(i) are signatories to the Agreement; (ii) are in compliance with the Agreement but, in the government procurement of products or services not covered by the Agreement, maintain a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and (iii) whose products or services are acquired in significant amounts by the United States Government; or "(C)(i) are not signatories to the Agreement; (ii) maintain, in government procurement, a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and (iii) whose products or services are acquired in significant amounts by the United States Government. "(3) Considerations in making identifications. - In making the identifications required by paragraph (1), the President shall - "(A) use the requirements of the Agreement, government procurement practices, and the effects of such practices on United States businesses as a basis for evaluating whether the procurement practices of foreign governments do not provide fair market opportunities for United States products or services; "(B) take into account, among other factors, whether and to what extent countries that are signatories to the Agreement, and other countries described in paragraph (1) of this subsection - "(i) use sole-sourcing or otherwise noncompetitive procedures for procurements that could have been conducted using competitive procedures; "(ii) conduct what normally would have been one procurement as two or more procurements, to decrease the anticipated contract values below the Agreement's value threshold or to make the procurements less attractive to United States businesses; "(iii) announce procurement opportunities with inadequate time intervals for United States businesses to submit bids; and "(iv) use specifications in such a way as to limit the ability of United States suppliers to participate in procurements; and "(C) use any other additional criteria deemed appropriate. "(4) Contents of reports. - The reports required by this subsection shall include, with respect to each country identified under subparagraph (A), (B), or (C) of paragraph (1), the following: "(A) a description of the specific nature of the discrimination, including (for signatory countries) any provision of the Agreement with which the country is not in compliance; "(B) an identification of the United States products or services that are affected by the noncompliance or discrimination; "(C) an analysis of the impact of the noncompliance or discrimination on the commerce of the United States and the ability of United States companies to compete in foreign government procurement markets; and "(D) a description of the status, action taken, and disposition of cases of noncompliance or discrimination identified in the preceding annual report with respect to such country. "(5) Information and advice from government agencies and united states businesses. - In developing the annual reports required by this subsection, the President shall seek information and advice from executive agencies through the interagency trade organization established under section 1872(a) of this title, and from United States businesses in the United States and in countries that are signatories to the Agreement and in other foreign countries whose products or services are acquired in significant amounts by the United States Government. "(6) Impact of noncompliance. - The President shall take into account, in identifying countries in the annual report and in any action required by this section, the relative impact of any noncompliance with the Agreement or of other discrimination on United States commerce and the extent to which such noncompliance or discrimination has impeded the ability of United States suppliers to participate in procurements on terms comparable to those available to suppliers of the country in question when seeking to sell goods or services to the United States Government. "(7) Impact on procurement costs. - Such report shall also include an analysis of the impact on United States Government procurement costs that may occur as a consequence of any sanctions that may be required by subsection (f) or (g) of this section. "(e) Consultation. - No later than the date the annual report is submitted under subsection (d)(1) of this section, the United States Trade Representative, on behalf of the United States, shall request consultations with any countries identified in the report to obtain their compliance with the Agreement or the elimination of their discriminatory procurement practices unless the country is identified as discriminatory pursuant to subsection (d)(1) of this section in the preceding annual report. "(f) Procedures With Respect to Violations of Agreement. - "(1) Initiation of dispute settlement procedures. - If, within 60 days after the annual report is submitted under subsection (d)(1) of this section, a signatory country identified pursuant to subsection (d)(1)(A) of this section has not complied with the Agreement, then the United States Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under the Agreement unless such proceedings are already underway pursuant to the identification of the signatory country under subsection (d)(1) of this section as not in compliance in a preceding annual report. "(2) Settlement of disputes. - If, before the end of a year following the initiation of dispute settlement procedures - "(A) the other participant to the dispute settlement procedures has complied with the Agreement, "(B) the other participant to the procedures takes the action recommended as a result of the procedures to the satisfaction of the President, or "(C) the procedures result in a determination requiring no action by the other participant, the President shall take no action to limit Government procurement from that participant. "(3) Sanctions after failure of dispute resolution. - If the dispute settlement procedures initiated pursuant to this subsection with any signatory country to the Agreement are not concluded within one year from their initiation or the country has not met the requirements of paragraph (2)(A) or (2)(B), then - "(A) from the end of such one year period, such signatory country shall be considered as a signatory not in good standing of the Agreement and the prohibition on procurement contained in section 10b-1 of title 41 shall apply to such country; and "(B) on the day after the end of such one year period, the President shall revoke the waiver of discriminatory purchasing requirements granted to that signatory country pursuant to section 2511(a) of this title. "(4) Withholding and modification of sanctions. - If the President determines that imposing or continuing the sanctions required by subparagraph (A) or (B) of paragraph (3) would harm the public interest of the United States, the President may, to the extent necessary to apply appropriate limitations that are equivalent, in their effect, to the noncompliance with the Agreement by that signatory country - "(A) withhold the imposition of either (but not both) of such sanctions; "(B) modify or restrict the application of either or both such sanctions, subject to such terms and conditions as the President considers appropriate; or "(C) take any combination of the actions permitted by subparagraph (A) or (B) of this paragraph. "(5) Termination of sanctions and reinstatement of waivers. - The President may terminate the sanctions imposed under paragraph (3) or (4), reinstate the waiver of discriminatory purchasing requirements granted to that signatory country pursuant to section 2511(a) of this title, and remove that country from the report under subsection (d)(1) of this section at such time as the President determines that - "(A) the signatory country has complied with the Agreement; "(B) the signatory country has taken corrective action as a result of the dispute settlement procedures to the satisfaction of the President; or "(C) the dispute settlement procedures result in a determination requiring no action by the other signatory country. "(g) Procedures With Respect to Other Discrimination. - "(1) Imposition of sanctions. - If, within 60 days after the annual report is submitted under subsection (d)(1) of this section, a country that is identified pursuant to subparagraph (B) or (C) of such subsection has not eliminated their discriminatory procurement practices, then, on the day after the end of such 60-day period - "(A) the President shall identify such country as a country that maintains, in government procurement, a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and "(B) the prohibition on procurement contained in section 10b- 1 of title 41 shall apply to such country. "(2) Withholding and modification of sanctions. - If the President determines that imposing or continuing the sanction required by paragraph (1) would harm the public interest of the United States, the President may, to the extent necessary to impose appropriate limitations that are equivalent, in their effect, to the discrimination against United States products or services in government procurement by that country, modify or restrict the application of such sanction, subject to such terms and conditions as the President considers appropriate. "(3) Termination of sanctions. - The President may terminate the sanctions imposed under paragraph (1) or (2) and remove a country from the report under subsection (d)(1) of this section at such time as the President determines that the country has eliminated the discrimination identified pursuant to subsection (d)(2)(B) or (C) of this section. "(h) Limitations on Imposing Sanctions. - "(1) Avoiding adverse impact on competition. - The President shall not take any action under subsection (f) or (g) of this section if the President determines that such action - "(A) would limit the procurement or class of procurements to, or would establish a preference for, the products or services of a single manufacturer or supplier; or "(B) would, with respect to any procurement or class of procurements, result in an insufficient number of potential or actual bidders to assure procurement of services, articles, materials, or supplies of requisite quality at competitive prices. "(2) Advice from u.s. agencies and businesses. - The President, in taking any action under this subsection to limit government procurements from foreign countries, shall seek the advice of executive agencies through the interagency trade organization established under section 1872(a) of this title and the advice of United States businesses and other interested parties. "(i) Renegotiation To Secure Full and Open Competition. - The President shall instruct the United States Trade Representative, in conducting renegotiations of the Agreement, to seek improvements in the Agreement that will secure full and open competition consistent with the requirements imposed by the amendments made by the Competition in Contracting Act (Public Law 98-369; 98 Stat. 1175). "(j) Federal Register Notices of Actions. - "(1) Notices required. - A notice shall be published in the Federal Register on the date of any action under this section, describing - "(A) the results of dispute settlement proceedings under subsection (f)(2) of this section; "(B) any sanction imposed under subsection (f)(3) or (g)(1) of this section; "(C) any withholding, modification, or restriction of any sanction under subsection (f)(4) or (g)(2) of this section; and "(D) the termination of any sanction under subsection (f)(5) or (g)(3) of this section. "(2) Publication of determinations lifting sanctions. - A notice describing the termination of any sanction under subsection (f)(5) or (g)(3) of this section shall include a copy of the President's determination under such subsection. "(k) General Report on Actions Under This Section. - "(1) Advice to congress. - The President shall, as necessary, advise the Congress and, by no later than April 30, 1994, submit to the the [sic] appropriate committees of the House of Representatives, and to the Committee on Governmental Affairs and other appropriate committees of the Senate, a general report on actions taken pursuant to this section. "(2) Contents of report. - The general report required by this subsection shall include an evaluation of the adequacy and effectiveness of actions taken pursuant to subsections (e), (f), and (g) of this section as a means toward eliminating discriminatory government procurement practices against United States businesses. "(3) Legislative recommendations. - The general report may also include, if appropriate, legislative recommendations for enhancing the usefulness of this section or for other measures to be used as means for eliminating or responding to discriminatory foreign government procurement practices." See Termination Date of 1988 Amendment note below. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States [Jan. 1, 1995], see section 344(a) of Pub. L. 103- 465, set out as a note under section 2512 of this title. TERMINATION DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30, 1996, unless Congress, after reviewing report required by former subsection (k) of this section, extends such date, see section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendments note under section 10a of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury under subsec. (b) of this section transferred to Secretary of Commerce, to exercise in consultation with Secretary of the Treasury, by section 5(a)(1)(A) of Reorg. Plan No. 3 of 1979, 44 F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. Pub. L. 96-609, title II, Sec. 205, Dec. 28, 1980, 94 Stat. 3562, provided that: "Notwithstanding subparagraph (1)(A) of subsection 5(a) of Reorganization Plan No. 3 of 1979 (44 F.R. 69272, 93 Stat. 1381) [set out as a note under section 2171 of this title], the Secretary of the Treasury or his delegate shall issue such advisory rulings and make such determinations as are authorized by subsection 305(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(b)(1))." DELEGATION OF FUNCTIONS Functions of President under subsec. (c) of this section delegated to United States Trade Representative, see section 1-201 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this title. -End- -CITE- 19 USC Sec. 2516 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2516. Repealed. -MISC1- Sec. 2516. Repealed. Pub. L. 103-355, title VII, Sec. 7206(c), Oct. 13, 1994, 108 Stat. 3382; Pub. L. 103-465, title III, Sec. 342(d), Dec. 8, 1994, 108 Stat. 4953. Section, Pub. L. 96-39, title III, Sec. 306, July 26, 1979, 93 Stat. 240, related to labor surplus area studies. EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States [Jan. 1, 1995], see section 344(a) of Pub. L. 103- 465, set out as an Effective Date of 1994 Amendment note under section 2512 of this title. -End- -CITE- 19 USC Sec. 2517 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2517. Availability of information to Members of Congress designated as official advisers -STATUTE- The United States Trade Representative shall make available to the Members of Congress designated as official advisers pursuant to section 2211 of this title information compiled by the Committee on Government Procurement under article XIX(5) of the Agreement. -SOURCE- (Pub. L. 96-39, title III, Sec. 307, July 26, 1979, 93 Stat. 240; 1979 Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 103-465, title III, Sec. 342(e), Dec. 8, 1994, 108 Stat. 4953.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-465 substituted "article XIX(5)" for "part VI, paragraph 9,". -CHANGE- CHANGE OF NAME "United States Trade Representative" substituted in text for "Special Representative for Trade Negotiations" pursuant to Reorg. Plan No. 3 of 1979, Sec. 1(1)(b), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97-456. -MISC2- EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States [Jan. 1, 1995], see section 344(a) of Pub. L. 103- 465, set out as a note under section 2512 of this title. -End- -CITE- 19 USC Sec. 2518 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER I - GOVERNMENT PROCUREMENT -HEAD- Sec. 2518. Definitions -STATUTE- As used in this subchapter - (1) Agreement The term "Agreement" means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States. (2) Civil aircraft The term "civil aircraft and related articles" means - (A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard; (B) the engines (and parts and components for incorporation therein) of such aircraft; (C) any other parts, components, and subassemblies for incorporation in such aircraft; and (D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft, whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2). (3) Developed countries The term "developed countries" means countries so designated by the President. (4) Eligible product (A) In general The term "eligible product" means, with respect to any foreign country or instrumentality that is - (i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States; (ii) a party to the North American Free Trade Agreement, a product or service of that country or instrumentality which is covered under the North American Free Trade Agreement for procurement by the United States; (iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States; (iv) a party to the Dominican Republic-Central America- United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States; or (v) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States. (B) Rule of origin An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. (C) Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions The term "eligible product" includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under - (i) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or (ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement. (D) Lowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term "eligible product" includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement. (5) Instrumentality The term "instrumentality" shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community. (6) Least developed country The term "least developed country" means any country on the United Nations General Assembly list of least developed countries. (7) Major industrial country The term "major industrial country" means any such country as defined in section 2136 of this title and any instrumentality of such a country. -SOURCE- (Pub. L. 96-39, title III, Sec. 308, July 26, 1979, 93 Stat. 241; Pub. L. 99-47, Sec. 7, June 11, 1985, 99 Stat. 84; Pub. L. 100-449, title III, Sec. 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103- 182, title III, Sec. 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103-465, title III, Sec. 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104-295, Sec. 20(c)(12), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108-286, title IV, Sec. 401, Aug. 3, 2004, 118 Stat. 950; Pub. L. 109-53, title IV, Sec. 401, Aug. 2, 2005, 119 Stat. 495; Pub. L. 109-169, title IV, Sec. 401, Jan. 11, 2006, 119 Stat. 3599; Pub. L. 109-283, title IV, Sec. 401, Sept. 26, 2006, 120 Stat. 1209.) -STATAMEND- AMENDMENT OF PARAGRAPH (4)(A) Pub. L. 109-283, title I, Sec. 107(a), title IV, Sec. 401, Sept. 26, 2006, 120 Stat. 1195, 1209, provided that, effective on the date on which the United States-Oman Free Trade Agreement enters into force, paragraph (4)(A) is amended - (1) by striking "or" at the end of clause (iv); (2) by striking the period at the end of clause (v) and inserting "; or"; and (3) by adding at the end the following new clause: (vi) a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States. TERMINATION OF AMENDMENT For termination of amendment by section 107(c) of Pub. L. 109- 283, see Effective and Termination Dates of 2006 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 109- 169, see Effective and Termination Dates of 2006 Amendment note below. For termination of amendment by section 107(d) of Pub. L. 109-53, see Effective and Termination Dates of 2005 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 108- 286, see Effective and Termination Dates of 2004 Amendment note below. -REFTEXT- REFERENCES IN TEXT Section 601(a)(2), referred to in par. (2), is section 601(a)(2) of Pub. L. 96-39 title VI, July 26, 1979, 93 Stat. 267, which directed a duty rate of "Free" in the rate column numbered 1 of the Tariff Schedules of the United States for articles classified under specified items between 518.51 and 772.65 which the President determines would provide coverage comparable to that provided by foreign countries in the Annex to the Agreement on Trade in Civil Aircraft if such articles were certified for use in civil aircraft in accordance with headnote 3 to schedule 6, part 6, subpart C of the Tariff Schedules of the United States. The Tariff Schedules of the United States were replaced by the Harmonized Tariff Schedule of the United States, which is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of the title. -MISC1- AMENDMENTS 2006 - Par. (4)(A)(v). Pub. L. 109-169, Secs. 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note set out below. 2005 - Par. (4)(A)(iv). Pub. L. 109-53, Secs. 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below. 2004 - Par.(4)(A)(iii). Pub. L. 108-286, Secs. 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note set out below. 1996 - Par. (4)(D). Pub. L. 104-295 substituted "under the Agreement" for "under the the Agreement". 1994 - Par. (1). Pub. L. 103-465, Sec. 342(f)(1), substituted "section 3511(d)(17) of this title" for "section 2503(c) of this title". Par. (4)(C). Pub. L. 103-465, Sec. 342(f)(2)(A), substituted "for which the United States is obligated to waive Buy National restrictions under - " and cls. (i) and (ii) for "having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement." Par. (4)(D). Pub. L. 103-465, Sec. 342(f)(2)(B), substituted "the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement." for "GATT Agreement on Government Procurement, but for the SDR threshold provided for in article I(1)(b) of the GATT Agreement on Government Procurement." 1993 - Par. (4)(A). Pub. L. 103-182 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The term 'eligible product' means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States." 1988 - Par. (4)(D). Pub. L. 100-449 added subpar. (D). 1985 - Par. (4)(C). Pub. L. 99-47 added subpar. (C). EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT Amendment by Pub. L. 109-283 effective on the date on which the United States-Oman Free Trade Agreement enters into force and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of Pub. L. 109-283, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT Amendment by Pub. L. 109-169 effective on the date on which the United States-Bahrain Free Trade Agreement enters into force (Aug. 1, 2006) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 109-169, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT Amendment by Pub. L. 109-53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA-DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109-53, set out as an Effective and Termination Dates note under section 4001 of this title. EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENT Amendment by Pub. L. 108-286 effective on the date on which the United States-Australia Free Trade Agreement enters into force (Jan. 1, 2005) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 108- 286, set out in a note under section 3805 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103- 465, set out as a note under section 2512 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 381(e) of Pub. L. 103- 182, set out as a note under section 2511 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100-449 effective on date United States- Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100-449, set out in a note under section 2112 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 19 USC SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) -HEAD- SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) -End- -CITE- 19 USC Part A - Obligations of the United States 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) Part A - Obligations of the United States -HEAD- PART A - OBLIGATIONS OF THE UNITED STATES -End- -CITE- 19 USC Sec. 2531 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) Part A - Obligations of the United States -HEAD- Sec. 2531. Certain standards-related activities -STATUTE- (a) No bar to engaging in standards activity Nothing in this subchapter may be construed - (1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment, or consumers. (b) Unnecessary obstacles Nothing in this subchapter may be construed as prohibiting any private person, Federal agency, or State agency from engaging in standards-related activities that do not create unnecessary obstacles to the foreign commerce of the United States. No standards-related activity of any private person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the standards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, essential security, environmental, or consumer interests and if such activity does not operate to exclude imported products which fully meet the objectives of such activity. -SOURCE- (Pub. L. 96-39, title IV, Sec. 401, July 26, 1979, 93 Stat. 242; Pub. L. 103-465, title III, Sec. 351(b), Dec. 8, 1994, 108 Stat. 4955.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-465 added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading. EFFECTIVE DATE OF 1994 AMENDMENT Section 352 of title III of Pub. L. 103-465 provided that: "This subtitle [subtitle F (Secs. 351, 352) of title III of Pub. L. 103- 465, amending this section and sections 2532, 2544, 2571, and 2573 of this title and repealing provisions set out below] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]." EFFECTIVE DATE Section 454 of Pub. L. 96-39, which provided that this subchapter was to take effect on Jan. 1, 1980, if the Agreement on Technical Barriers to Trade entered into force with respect to the United States by that date, was repealed by Pub. L. 103-465, title III, Sec. 351(g), Dec. 8, 1994, 108 Stat. 4957. -End- -CITE- 19 USC Sec. 2532 01/03/2007 -EXPCITE- TITLE 19 - CUSTOMS DUTIES CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS) Part A - Obligations of the United States -HEAD- Sec. 2532. Federal standards-related activities -STATUTE- No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related acti