Title 19 — Customs Duties
Chapter 13 — Trade Agreements Act of 1979
§ 2514. Expansion of the coverage of the Agreement
Statutory text
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.
Sector negotiating objectives
The President shall seek, consistent with the overall objective set forth in subsection (a) 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.
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.
Reports on negotiations
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.
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.
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 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.
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.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Trade Agreements Act of 1979
Pub. L. 96–39 title III § 304 · 93 Stat. 144
Enacted · 19 U.S.C. § 2514
Pub. L. 96–39, title III, § 304, July 26, 1979, 93 Stat. 238
Source evidence
Code source credit
Pub. L. 96–39, title III, § 304, July 26, 1979, 93 Stat. 238Enacted provision · exact public law section
SEC. 304. EXPANSION OF THE COVERAGE OF THE AGREEMENT. (a) Overall Negotiating Objective.— The President shall seek in the renegotiations provided for tn part IX, paragraph 6, 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 306(a). (b) Sector Negotiating Objectives.— The President shall seek, consistent with the overall objective set forth in subsection (a) 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 part IX, paragraph 6, of the Agreement a system for independent verification of information provided by parties to the Agreement to the Committee on Government Procurement pursuant to part VI, paragraph 9, 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 302(c)(1). Taking into account the objectives set forth in subsections (a) and (b) of this section and the factors required to be analyzed under section 302(c), 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 302(c), 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 made after the date 19 USC 2213. of enactment of this Act 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 301 for procurement not covered by the Agreement on the date of enactment of this Act, the President shall follow the consultation provisions of section 135 and chapter 6 of title I of the Trade Act of 1974 for private 19 USC 2155, 2211. sector and congressional consultations.Pub. L. 103–465 § 342(b)(1) · 108 Stat. 4809
Substituted · 19 U.S.C. § 2514(a)
Pub. L. 103–465, § 342(b)(1), substituted “article XXIV(7)” for “part IX, paragraph 6”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–465, § 342(b)(1), substituted “article XXIV(7)” for “part IX, paragraph 6”.Enacted provision · exact public law section
(1) in subsections (a) and (c) by striking “part IX, paragraph 6” and inserting “article XXIV(7)”;Effective date note
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.Pub. L. 103–465 § 342(b)(1) · 108 Stat. 4809
Substituted · 19 U.S.C. § 2514(c)
Pub. L. 103–465, § 342(b)(1), (2), substituted “article XXIV(7)” for “part IX, paragraph 6”
Substituted · 19 U.S.C. § 2514(c)
Pub. L. 103–465, § 342(b)(1), (2), substituted “article XIX(5)” for “part VI, paragraph 9”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–465, § 342(b)(1), (2), substituted “article XXIV(7)” for “part IX, paragraph 6” and “article XIX(5)” for “part VI, paragraph 9”.Enacted provision · exact public law section
(1) in subsections (a) and (c) by striking “part IX, paragraph 6” and inserting “article XXIV(7)”;Effective date note
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.Pub. L. 103–465 § 342(b)(3) · 108 Stat. 4809
Substituted · 19 U.S.C. § 2514(e)
Pub. L. 103–465, § 342(b)(3), substituted “the date it enters into force with respect to the United States” for “July 26, 1979”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–465, § 342(b)(3), substituted “the date it enters into force with respect to the United States” for “July 26, 1979”.Enacted provision · exact public law section
(3) in subsection (e) by striking “date of enactment of this Act” and inserting “date it enters into force with respect to the United States”.Effective date note
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.Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(c)(11)(A) · 110 Stat. 3514
Struck · 19 U.S.C. § 2514(a)
Pub. L. 104–295, § 20(c)(11)(A), struck out comma after “XXIV(7)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–295, § 20(c)(11)(A), struck out comma after “XXIV(7)”.Enacted provision · exact public law section
(A) in subsection (a) by striking the comma after “XXIV(7)”; andMiscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(c)(11)(B) · 110 Stat. 3514
Struck · 19 U.S.C. § 2514(c)
Pub. L. 104–295, § 20(c)(11)(B), struck out comma after “XXIV(7)” and “XIX(5)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–295, § 20(c)(11)(B), struck out comma after “XXIV(7)” and “XIX(5)”.Enacted provision · exact public law section
(B) in subsection (c)— (i) by striking the comma after “XXIV(7)”; and (ii) by striking the comma after “XIX(5)”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 2516 of this title, referred to in subsec. (a), was repealed by Pub. L. 103–355, title VII, § 7206(c), , 108 Stat. 3382, and Pub. L. 103–465, title III, § 342(d), , 108 Stat. 4953.
The Trade Act of 1974, referred to in subsec. (e), is Pub. L. 93–618, , 88 Stat. 1978. Chapter 6 of title I of the Trade Act of 1974 is classified generally to part 6 of subchapter I (§ 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.
Amendments1994–1996 · 2 rounds
1996
Subsec. (a). Pub. L. 104–295, § 20(c)(11)(A), struck out comma after “XXIV(7)”.
Subsec. (c). Pub. L. 104–295, § 20(c)(11)(B), struck out comma after “XXIV(7)” and “XIX(5)”.
1994
Subsec. (a). Pub. L. 103–465, § 342(b)(1), substituted “article XXIV(7)” for “part IX, paragraph 6”.
Subsec. (c). Pub. L. 103–465, § 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, § 342(b)(3), substituted “the date it enters into force with respect to the United States” for “”.
Statutory Notes and Related Subsidiaries
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 (), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title.
Executive Documents
Delegation of Functions
Functions of President under this section delegated to United States Trade Representative, see section 1–201 of Ex. Ord. No. 12260, , 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 . See note set out under section 3511 of this title.
Credits
1979–1996 · 3 acts
- 1979Pub. L. 96–39, title III, § 304, , 93 Stat. 238
- 1994Pub. L. 103–465, title III, § 342(b), , 108 Stat. 4953
- 1996Pub. L. 104–295, § 20(c)(11), , 110 Stat. 3528.
Show as published
(Pub. L. 96–39, title III, § 304, , 93 Stat. 238; Pub. L. 103–465, title III, § 342(b), , 108 Stat. 4953; Pub. L. 104–295, § 20(c)(11), , 110 Stat. 3528.)