19 U.S.C. § 2517 — Availability of information to Members of

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,’’. Page 742 TITLE 19—CUSTOMS DUTIES § 2518 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 Documents CHANGE OF NAME ‘‘United States Trade Representative’’ substituted in text for ‘‘Special Representative for Trade Negotia- tions’’ pursuant to Reorg. Plan No. 3 of 1979, § 1(1)(b), 44 F.R. 69273, 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. See, also, section 2171 of this title as amended by Pub. L. 97–456. § 2518. Definitions As used in this subchapter— (1) Agreement The term ‘‘Agreement’’ means the Agree- ment on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are ac- cepted by the United States. (2) Civil aircraft The term ‘‘civil aircraft and related arti- cles’’ means— (A) all aircraft other than aircraft to be purchased for use by the Department of De- fense or the United States Coast Guard; (B) the engines (and parts and components for incorporation therein) of such aircraft; (C) any other parts, components, and subassemblies for incorporation in such air- craft; and (D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft, whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without re- gard to whether such aircraft or articles re- ceive duty-free treatment pursuant to section 601(a)(2). (3) Developed countries The term ‘‘developed countries’’ means countries so designated by the President. (4) Eligible product (A) In general The term ‘‘eligible product’’ means, with respect to any foreign country or instrumen- tality that is— (i) a party to the Agreement, a product or service of that country or instrumen- tality which is covered under the Agree- ment for procurement by the United States; (ii) Mexico, as a party to the USMCA (as defined in section 4502 of this title), a prod- uct or service of that country or instru- mentality which is covered under the USMCA for procurement by the United States; (iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States; (iv) a party to the Dominican Republic- Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is cov- ered under that Agreement for procure- ment by the United States; (v) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States; (vi) a party to the United States-Oman Free Trade Agreement, a product or serv- ice of that country or instrumentality which is covered under that Agreement for procurement by the United States; (vii) a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; (viii) a party to the United States–Korea Free Trade Agreement, a product or serv- ice of that country or instrumentality which is covered under that agreement for procurement by the United States; (ix) a party to the United States–Colombia Trade Promotion Agree- ment, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or (x) a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States. (B) Rule of origin An article is a product of a country or in- strumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. (C) Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions The term ‘‘eligible product’’ includes a product or service of Israel for which the United States is obligated to waive Buy Na- tional restrictions under— (i) the Agreement on the Establishment of a Free Trade Area between the Govern- ment of the United States of America and