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19 U.S.C. § 2515 — General authority to modify discriminatory purchasing requirements

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2515 — General authority to modify discriminatory purchasing requirements

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Stable record: federal_law:legal_authorities:record_usc_1792a072527a3c36a5ca68e3
Source file: Laws/federal/codes/united-states-code/title-19/section-2515-general-authority-to-modify-discriminatory-purchasing-requirements--9279cf9fc9.md
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Source location: Title 19, Chapter 13, § 2515; chapter-013-trade-agreements-act-of-1979.md

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**(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), 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) 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 USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)), 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) or designation made pursuant to subsection (b). **(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 13–A of the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)) to procure eligible products in compliance with the procedural provisions of chapter 13 of the USMCA. **(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.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8301 — Definitions

In this chapter: (1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States. (3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2511 — Short title

This Act may be cited as the “Trade Agreements Act of 1979”.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4502 — Detail of personnel to Office of the United States Trade Representative

**(a) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b). **(b) Duties** The duties described in this subsection are the following: (1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico. (2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2513 — Approval of trade agreements

**(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) 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). 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). Such final legal instruments or texts shall be deemed to be the agreements submitted to and approved by the Congress under subsection (a) 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2518 — 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) 11 See References in Text note below. of this title. **(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 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 ti

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1302 — Establishment and membership

**(a) Establishment.—** There is a Federal Acquisition Regulatory Council to assist in the direction and coordination of Government-wide procurement policy and Government-wide procurement regulatory activities in the Federal Government. **(b) Membership.—** (1) **Makeup of council.—** — The Council consists of— (A) the Administrator; (B) the Secretary of Defense; (C) the Administrator of National Aeronautics and Space; and (D) the Administrator of General Services. (2) **Designation of other officials.—** (A) *Officials who may be designated.—* — Notwithstanding section 121(d)(1) and (2) of title 40, the officials specified in subparagraphs (B) to (D) of paragraph (1) may designate to serve on and attend meetings of the Council in place of that official— (i) the official assigned by statute with the responsibility for acquisition policy in each of their respective agencies or, in the case of the Secretary of Defense, an official at an organizational level not lower than an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition and Sustainment; or (ii) if no official of that agency is assigned by statute with the responsibility for acquisition policy for that agency, the official designated pursuant to [section 1702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim). (B) *Limitation on designation.—* — No other official or employee may be designated to serve on the Council.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2901 — Overall and principal trade negotiating objectives of the United States

**(a) Overall trade negotiating objectives** The overall trade negotiating objectives of the United States are to obtain— (1) more open, equitable, and reciprocal market access; (2) the reduction or elimination of barriers and other trade-distorting policies and practices; and (3) a more effective system of international trading disciplines and procedures. **(b) Principal trade negotiating objectives** (1) **Dispute settlement** — The principal negotiating objectives of the United States with respect to dispute settlement are— (A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and (B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights. (2) **Improvement of the GATT and multilateral trade negotiation agreements** — The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are— (A) to enhance the status of the GATT; (B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and (C) to expand country participation in particular agreements or arrangements, where appropriate. (3) **Transparency** — The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT. (4) **Developing countries** — The principal negotiating objectives of

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2515 — Monitoring and enforcement

Page 738 TITLE 19—CUSTOMS DUTIES § 2515 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(11), Oct. 11, 1996, 110 Stat. 3528.) 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), Oct. 13, 1994, 108 Stat. 3382, and Pub. L. 103–465, title III, § 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. 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. AMENDMENTS 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), sub- stituted ‘‘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 ‘‘arti- cle 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 ‘‘July 26, 1979’’. 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 (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title. Executive Documen

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