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19 U.S.C. § 2518 — Expansion of the coverage of the Agreement

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

19 U.S.C. § 2518 — Expansion of the coverage of the Agreement

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Stable record: federal_law:legal_authorities:record_usc_956d2602fa9f10b800b1e43d
Source file: Laws/federal/codes/united-states-code/title-19/section-2518-expansion-of-the-coverage-of-the-agreement--526f89ce26.md
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Source location: Title 19, Chapter 13, § 2518; chapter-013-trade-agreements-act-of-1979.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2512/c/1&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2512/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2512/c&num=0&edition=prelim), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2213/a&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim)] and chapter 6 of title I of the Trade Act of 1974 [[19 U.S.C. 2211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2211&num=0&edition=prelim) et seq.] for private sector and congressional consultations.

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

19 U.S.C. § 2211 — Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974

**(a) Contents of resolution** For purposes of this section, the term “resolution” means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___.”, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with “with respect to” being omitted if the extension of the authority is not approved with respect to any country. **(b) Application of rules of [section 2192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192&num=0&edition=prelim); exceptions** (1) Except as provided in this section, the provisions of [section 2192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192&num=0&edition=prelim) shall apply to resolutions described in subsection (a). (2) In applying [section 2192(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/c/1&num=0&edition=prelim), all calendar days shall be counted. (3) That part of [section 2192(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/d/2&num=0&edition=prelim) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. Debate in the House of

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

19 U.S.C. § 2155 — Public hearings

**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities. **(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.

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

19 U.S.C. § 2516 — Authority to encourage reciprocal competitive procurement practices

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511/b&num=0&edition=prelim), 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), 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) w

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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. § 3511 — Definitions

For purposes of this Act: (1) **GATT 1947; GATT 1994** (A) *GATT 1947* — The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement. (B) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (2) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States. (3) **International Trade Commission** — The term “International Trade Commission” means the United States International Trade Commission. (4) **Multilateral trade agreement** — The term “multilateral trade agreement” means an agreement described in [section 3511(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d&num=0&edition=prelim) (other than an agreement described in paragraph (17) or (18) of such section). (5) **Schedule XX** — The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994. (6) **Trade Representative** — The term “Trade Representative” means the United States Trade Representative. (7) **Uruguay Round Agreements** — The term “Uruguay Round Agreements” means the agreements approved by the Congress under [section 3511(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/a/1&num=0&edition=prelim). (8) **World Trade Organization and WTO** — The terms “World Trade Organization” and “WTO” mean the or

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

19 U.S.C. § 2101 — Agricultural Disaster Relief Trust Fund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section. **(b) Transfer to Trust Fund** (1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States. (2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— (A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and (B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t

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

19 U.S.C. § 2512 — Purposes

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) 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.

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

19 U.S.C. § 2114 — Barriers to and other distortions of trade

**(a) Congressional findings; directives; disavowal of prior approval of legislation** The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade. **(b) Presidential determinations prerequisite to entry into trade agreements; trade with Israel** (1) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and

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

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

**(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 Presi

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

19 U.S.C. § 3805 — Implementation of trade agreements

**(a) In general** (1) **Notification and submission** — Any agreement entered into under [section 3803(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3803/b&num=0&edition=prelim) shall enter into force with respect to the United States if (and only if)— (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 days after entering into the agreement, the President submits to the Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (C) after entering into the agreement, the President submits to the Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with— (i) a draft of an implementing bill described in [section 3803(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3803/b/3&num=0&edition=prelim); (ii) a statement of any administrative action proposed to implement the trade agreement; and (iii) the supporting information described in paragraph (2); and (D) the implementing bill is enacted into law. (2) **Supporting information** — The supporting information required under paragraph (1)(C)(iii) consists of— (A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (B) a statement— (i) asserting that the agreement makes

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