19 U.S.C. § 2516 — Repealed. Pub. L. 103–355, title VII,

Page 741 TITLE 19—CUSTOMS DUTIES § 2517 ‘‘(h) LIMITATIONS ON IMPOSING SANCTIONS.— ‘‘(1) AVOIDING ADVERSE IMPACT ON COMPETITION.— The President shall not take any action under sub- section (f) or (g) of this section if the President deter- mines that such action— ‘‘(A) would limit the procurement or class of pro- curements 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 pro- curement of services, articles, materials, or sup- plies of requisite quality at competitive prices. ‘‘(2) ADVICE FROM U.S. AGENCIES AND BUSINESSES.— The President, in taking any action under this sub- section to limit government procurements from for- eign 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 inter- ested parties. ‘‘(i) RENEGOTIATION TO SECURE FULL AND OPEN COM- PETITION.—The President shall instruct the United States Trade Representative, in conducting renegoti- ations 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 sub- section (f)(5) or (g)(3) of this section. ‘‘(2) PUBLICATION OF DETERMINATIONS LIFTING SANC- TIONS.—A notice describing the termination of any sanction under subsection (f)(5) or (g)(3) of this sec- tion shall include a copy of the President’s deter- mination under such subsection. ‘‘(k) GENERAL REPORT ON ACTIONS UNDER THIS SEC- TION.— ‘‘(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 re- port on actions taken pursuant to this section. ‘‘(2) CONTENTS OF REPORT.—The general report re- quired 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 gov- ernment 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. 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. 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 subsec. (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 Amendment note under section 2511 of this title. TRANSFER OF FUNCTIONS Pub. L. 96–609, title II, § 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)).’’ Executive Documents DELEGATION AND TRANSFER OF FUNCTIONS Functions of President under subsec. (c) 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. Functions of Secretary of the Treasury under subsec. (b) transferred to Secretary of Commerce, to exercise in consultation with Secretary of the Treasury, by sec- tion 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. § 2516. Repealed. Pub. L. 103–355, title VII, § 7206(c), Oct. 13, 1994, 108 Stat. 3382; Pub. L. 103–465, title III, § 342(d), Dec. 8, 1994, 108 Stat. 4953 Section, Pub. L. 96–39, title III, § 306, July 26, 1979, 93 Stat. 240, related to labor surplus area studies. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, re- ferred 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 Effec- tive Date of 1994 Amendment note under section 2512 of this title. § 2517. Availability of information to Members of Congress designated as official advisers The United States Trade Representative shall make available to the Members of Congress des- ignated 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. (Pub. L. 96–39, title III, § 307, July 26, 1979, 93 Stat. 240; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 103–465, title III, § 342(e), Dec. 8, 1994, 108 Stat. 4953.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 substituted ‘‘article XIX(5)’’ for ‘‘part VI, paragraph 9,’’.