§ 2514. — Expansion of the coverage of the Agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2514]
TITLE 19--CUSTOMS DUTIES
CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
SUBCHAPTER I--GOVERNMENT PROCUREMENT
Sec. 2514. Expansion of the coverage of the Agreement
(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.
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\1\ See References in Text note below.
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(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.
(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.)
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.
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.
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.
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.
Section Referred to in Other Sections
This section is referred to in section 2512 of this title.
