19 U.S.C. § 2511 — General authority to modify discrimina-

Page 731 TITLE 19—CUSTOMS DUTIES § 2511 after the date of the entry into force of such agreement with respect to the United States. (c) Changes in statutes to implement a require- ment, amendment, or recommendation (1) Presidential determination Whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation under such an agreement, he shall submit to the Congress a draft of a bill to accomplish the amendment, repeal, or enactment and a statement of any administrative action proposed to implement the requirement, amendment, or recommenda- tion. Not less than 30 days before submitting such a bill, the President shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and each committee of the House or Senate which has jurisdiction over legislation involving subject matters which would be affected by such amendment, repeal, or enactment. The consultation shall treat all matters relating to the implementa- tion of such requirement, amendment, or rec- ommendation, as provided in paragraphs (2) and (3). (2) Conditions for taking effect under United States law No such amendment shall enter into force with respect to the United States, and no such requirement, amendment, or recommendation shall be implemented under United States law, unless— (A) the President, after consultation with the Congress under paragraph (1), notifies the House of Representatives and the Senate of his determination and publishes notice of that determination in the Federal Register, (B) the President transmits a document to the House of Representatives and to the Sen- ate containing a copy of the text of such re- quirement, amendment, or recommendation, together with— (i) a draft of a bill to amend or repeal provisions of existing statutes or to create statutory authority and an explanation as to how the bill and any proposed adminis- trative action affect existing law, and (ii) a statement of how the requirement, amendment, or recommendation serves the interests of United States commerce and why the legislative and administrative ac- tion is necessary or appropriate to carry out the requirement, amendment, or rec- ommendation, and (C) the bill submitted by the President is enacted into law. (3) Recommendations as to application The President may make the same type of recommendations, in the same manner and subject to the same conditions, to the Con- gress with respect to the application of any such requirement, amendment, or rec- ommendation as he may make, under section 2112(f) of this title, with respect to a trade agreement. (4) Congressional procedures applicable The bill submitted by the President shall be introduced in accordance with the provisions of subsection (c)(1) of section 2191 of this title, and the provisions of subsections (d), (e), (f), and (g) of such section shall apply to the con- sideration of the bill. For the purpose of ap- plying section 2191 of this title to such bill— (A) the term ‘‘trade agreement’’ shall be treated as a reference to the requirement, amendment, or recommendation, and (B) the term ‘‘implementing bill’’ or ‘‘im- plementing revenue bill’’, whichever is ap- propriate, shall be treated as a reference to the bill submitted by the President. (d) Unspecified private remedies not created Neither the entry into force with respect to the United States of any agreement approved under section 2503(a) of this title, nor the enact- ment of this Act, shall be construed as creating any private right of action or remedy for which provision is not explicitly made under this Act or under the laws of the United States. (Pub. L. 96–39, § 3(a)–(c), (f), July 26, 1979, 93 Stat. 148–150.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144, known as the Trade Agree- ments Act of 1979. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables. CODIFICATION As originally enacted section 3 of Pub. L. 96–39 con- sisted of subsecs. (a) to (c), (e) and (f), without a provi- sion designated as (d). Subsec. (e) amended section 2111(b)(1) of this title and subsec. (f) has been redesig- nated as (d) for the purposes of codification of this sec- tion. Statutory Notes and Related Subsidiaries UNITED STATES-CANADA FREE-TRADE AGREEMENT Subsec. (c) of this section applicable as if United States-Canada Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an agreement approved under section 2503(a) of this title, see section 102(e) of Pub. L. 100–449, set out in a note under section 2112 of this title. SUBCHAPTER I—GOVERNMENT PROCUREMENT § 2511. General authority to modify discrimina- tory purchasing requirements (a) Presidential waiver of discriminatory pur- chasing 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 coun- try or instrumentality designated under sub- section (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 sup- pliers, result in treatment less favorable than that accorded— (1) to United States products and suppliers of such products; or Page 732 TITLE 19—CUSTOMS DUTIES § 2511 (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 instru- mentalities The President may designate a foreign coun- try or instrumentality for purposes of sub- section (a) only if he determines that such coun- try 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), and (B) will provide appropriate recip- rocal 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 opportu- nities 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) 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 sub- section (a) of this section to waive any law, reg- ulation, procedure, or practice regarding Gov- ernment procurement does not authorize the waiver of any small business or minority pref- erence. (Pub. L. 96–39, title III, § 301, July 26, 1979, 93 Stat. 236; Pub. L. 100–418, title VII, § 7005(e), Aug. 23, 1988, 102 Stat. 1553; Pub. L. 103–182, title III, § 381(a), Dec. 8, 1993, 107 Stat. 2128; Pub. L. 116–113, title V, § 505(a), Jan. 29, 2020, 134 Stat. 77.) Editorial Notes AMENDMENTS 2020—Subsec. (b)(1). Pub. L. 116–113, § 505(a)(1), sub- stituted ‘‘the USMCA (as defined in section 4502 of this title)’’ for ‘‘the North American Free Trade Agree- ment’’. Subsec. (e). Pub. L. 116–113, § 505(a)(2), substituted ‘‘Annex 13–A of the USMCA (as defined in section 4502 of this title)’’ for ‘‘Annex 1001.1a–2 of the North Amer- ican Free Trade Agreement’’ and ‘‘chapter 13 of the USMCA’’ for ‘‘chapter 10 of such Agreement’’. 1993—Subsec. (a). Pub. L. 103–182, § 381(a)(1), sub- stituted ‘‘Subject to subsection (f) of this section, the President’’ for ‘‘The President’’. Subsec. (b)(1). Pub. L. 103–182, § 381(a)(2), inserted ‘‘or the North American Free Trade Agreement’’ after ‘‘the Agreement’’. Subsecs. (e), (f). Pub. L. 103–182, § 381(a)(3), added sub- secs. (e) and (f). 1988—Subsec. (d). Pub. L. 100–418, §§ 7004, 7005(e), tem- porarily added subsec. (d) which read as follows: ‘‘The authority of the President under subsection (a) of this section to waive any laws, regulation, procedure, or practice shall be effective notwithstanding any other provision of law hereafter enacted (excluding the provi- sions of and amendments made by the Buy American Act of 1988) unless such other provision specifically re- fers to and amends this section.’’ See Effective and Ter- mination Dates of 1988 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–113, title V, § 505(c), Jan. 29, 2020, 134 Stat. 77, provided that: ‘‘(1) IN GENERAL.—The amendments made by sub- sections (a) and (b) [amending this section and section 2518 of this title] shall— ‘‘(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and ‘‘(B) apply with respect to a procurement on or after that date. ‘‘(2) TRANSITION FROM NAFTA TREATMENT.—In the case of a procurement before the date on which the USMCA enters into force— ‘‘(A) the amendments made by subsections (a) and (b) to sections 301 and 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2511 and 2518) shall not apply with respect to the contract; and ‘‘(B) sections 301 and 308 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the contract.’’ [For definition of ‘‘USMCA’’ as used in section 505(c) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–182, title III, § 381(e), Dec. 8, 1993, 107 Stat. 2129, which provided that subtitle G of title III of Pub. L. 103–182 would take effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was re- pealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Pub. L. 100–418, title VII, § 7004, Aug. 23, 1988, 102 Stat. 1552, provided that: ‘‘The amendments made by this title [see Tables for classification] shall cease to be ef- fective on April 30, 1996, unless the Congress, after re- viewing the report required by section 305(k) of the Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k)], and other relevant information, extends such date. After such date, the President may modify or termi- nate any or all actions taken pursuant to such amend- ments.’’ Pub. L. 100–418, title VII, § 7005(f), Aug. 23, 1988, 102 Stat. 1553, provided that: ‘‘The amendments made by this section [amending this section and sections 10a, 10b, 10c, and 10d of Title 41, Public Contracts] shall take effect upon enactment [Aug. 23, 1988].’’ EFFECTIVE DATE Pub. L. 96–39, title III, § 309, July 26, 1979, 93 Stat. 241, provided that: ‘‘The provisions of this title [this sub- chapter] shall be effective on the date of enactment of this Act [July 26, 1979], except that— ‘‘(1) the authority of the President to grant waivers under section 303 [section 2513 of this title] shall be effective on January 1, 1980; and ‘‘(2) the authority of the President to grant waivers under section 301 [this section] shall be effective on January 1, 1981.’’ Page 733 TITLE 19—CUSTOMS DUTIES § 2511 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, set out as a note below. EX. ORD. NO. 12260. AGREEMENT ON GOVERNMENT PROCUREMENT Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, as amended by Ex. Ord. No. 12347, Feb. 23, 1982, 47 F.R. 8149; Ex. Ord. No. 12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12474, Apr. 17, 1984, 49 F.R. 15539; Ex. Ord. No. 13118, § 10(7), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13284, § 12, Jan. 23, 2003, 68 F.R. 4076, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Title III of the Trade Agreements Act of 1979 (19 U.S.C. 2511–2518), and Section 301 of Title 3 of the United States Code, and in order to implement the Agreement on Government Procurement, as defined in 19 U.S.C. 2518(1), it is hereby ordered as follows: 1–1. RESPONSIBILITIES 1–101. The obligations of the Agreement on Govern- ment Procurement (Agreement on Government Pro- curement, General Agreement on Tariffs and Trade, 12 April 1979, Geneva (GATT 1979)) apply to any procure- ment of eligible products by the Executive agencies listed in the Annex to this Order (eligible products are defined in Section 308 of the Trade Agreements Act of 1979; 19 U.S.C. 2518(4)). Such procurement shall be in ac- cord with the policies and procedures of the Office of Federal Procurement Policy ([former] 41 U.S.C. 401 et seq.). 1–102. The United States Trade Representative, here- inafter referred to as the Trade Representative, shall be responsible for interpretation of the Agreement. The Trade Representative shall seek the advice of the inter- agency organization established under Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected Executive agencies, including the Office of Federal Procurement Policy. 1–103. The interpretation of Article VIII:1 of the Agreement shall be subject to the concurrence of the Secretary of Defense 1–104. The Trade Representative shall determine, from time to time, the dollar equivalent of 150,000 Spe- cial Drawing Right units and shall publish that deter- mination in the Federal Register. Procurement of less than 150,000 Special Drawing Right units is not subject to the Agreement or this Order (Article I:1(b) of the Agreement). 1–105. In order to ensure coordination of international trade policy with regard to the implementation of the Agreement, agencies shall consult in advance with the Trade Representative about negotiations with foreign governments or instrumentalities which concern gov- ernment procurement. 1–2. DELEGATIONS AND AUTHORIZATION 1–201. The functions vested in the President by Sec- tions 301, 302, 304, 305(c) and 306 of the Trade Agree- ments Act of 1979 (19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to the Trade Representative. 1–202. Notwithstanding the delegation in Section 1–201, the Secretary of Defense is authorized, in accord with Section 302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)(3)), to waive the prohibitions specified therein. ANNEX 1. ACTION 2. Administrative Conference of the United States 3. American Battle Monuments Commission 4. Board for International Broadcasting 5. Civil Aeronautics Board 6. Commission on Civil Rights 7. Commodity Futures Trading Commission 8. Consumer Product Safety Commission 9. Department of Agriculture (The Agreement on Government Procurement does not apply to procure- ment of agricultural products made in furtherance of agricultural support programs or human feeding pro- grams) 10. Department of Commerce 11. Department of Defense (Excludes Corps of Engi- neers) 12. Department of Education 13. Department of Health and Human Services 14. Department of Homeland Security 15. Department of Housing and Urban Development 16. Department of the Interior (Excludes the Bureau of Reclamation) 17. Department of Justice 18. Department of Labor 19. Department of State 20. Department of the Treasury 21. Environmental Protection Agency 22. Equal Employment Opportunity Commission 23. Executive Office of the President 24. Export-Import Bank of the United States 25. Farm Credit Administration 26. Federal Communications Commission 27. Federal Deposit Insurance Corporation 28. Federal Home Loan Bank Board 29. Federal Maritime Commission 30. Federal Mediation and Conciliation Service 31. Federal Trade Commission 32. General Services Administration (Purchases by the Tools Commodity Center, and the Region 9 Office in San Francisco, California are not included) 33. Interstate Commerce Commission 34. Merit Systems Protection Board 35. National Aeronautics and Space Administration 36. National Credit Union Administration 37. National Labor Relations Board 38. National Mediation Board 39. National Science Foundation 40. National Transportation Safety Board 41. Nuclear Regulatory Commission 42. Office of Personnel Management 43. Overseas Private Investment Corporation [now United States International Development Finance Cor- poration] 44. Panama Canal Commission 45. Railroad Retirement Board 46. Securities and Exchange Commission 47. Selective Service System 48. Smithsonian Institution 49. United States Arms Control and Disarmament Agency 50. United States Information Agency 51. United States Agency for International Develop- ment 52. United States International Trade Commission 53. Veterans Administration 54. Maritime Administration of the Department of Transportation 55. The Peace Corps [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] EX. ORD. NO. 12849. IMPLEMENTATION OF AGREEMENT WITH EUROPEAN COMMUNITY ON GOVERNMENT PRO- CUREMENT Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, pro- vided: WHEREAS, the United States and the European Com- munity (EC) have entered into a Memorandum of Un- derstanding on Government Procurement (Agreement) Page 734 TITLE 19—CUSTOMS DUTIES § 2511 that provides appropriate reciprocal competitive gov- ernment procurement opportunities; WHEREAS, the commitments made in the Agreement are intended to become part of an expanded General Agreement on Tariffs and Trade Agreement on Govern- ment Procurement (GATT Code) and are an important step toward an expanded GATT Code; WHEREAS, as a result of these commitments, U.S. businesses will obtain increased access to EC member state procurement for U.S. goods and services; WHEREAS, I have determined that it is inconsistent with the public interest to apply the restrictions of the Buy American Act, as amended ([former] 41 U.S.C. 10a–10d) [see 41 U.S.C. 8301 et seq.], to procurement cov- ered by the Agreement; NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511–2518), and in order to implement the Agreement, it is hereby ordered as follows: SECTION 1. In applying the provisions of the Buy American Act, the heads of the agencies listed in Annex 1, Parts A and B, of this order are requested, as of the date of this order, to apply no price differential between articles, materials, or supplies of U.S. origin and those originating in the member states of the EC. SEC. 2. For purposes of this order, the rule of origin specified in section 308 of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2518), shall apply in deter- mining whether goods originate in the member states of the EC. SEC. 3. This order shall apply only to solicitations, issued by agencies listed in Annex 1, Parts A and B, of this order, above the threshold amounts set forth in Annex 2. SEC. 4. This order shall apply to solicitations out- standing on the date of this order, except for those for which the initial deadline for receipt of bids or pro- posals has passed, and to all solicitations issued after the date of this order. SEC. 5. Except for procurements by the Department of Defense, the United States Trade Representative (USTR) shall be responsible for interpretation of the Agreement. The USTR shall seek the advice of the interagency organization established under section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected agencies, including the Office of Federal Procurement Policy. SEC. 6. This Executive order is effective immediately. Although regulatory implementation of this order must await revisions to the Federal Acquisition Regu- lation (FAR), it is expected that agencies listed in Annex 1, Parts A and B, of this order will take all ap- propriate actions in the interim to implement those as- pects of the order that are not dependent upon regu- latory revision. SEC. 7. Pursuant to section 25 of the Office of Federal Procurement Policy Act, as amended ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302, 1303], the Federal Ac- quisition Regulatory Council shall ensure that the poli- cies established herein are incorporated in the FAR within 30 days from the date this order is issued. WILLIAM J. CLINTON. ANNEX 1A Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy (Not including national secu- rity procurement made in support of safeguarding nu- clear materials or technology and entered into under the authority of the Atomic Energy Act [42 U.S.C. 2011 et seq.]; and oil purchases related to the Strategic Pe- troleum Reserve) Department of Health and Human Services Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of State Department of Transportation (The national security consideration currently applicable to the Department of Defense under the GATT Government Procurement Code is equally applicable under this Agreement to the Coast Guard) Department of the Treasury United States Agency for International Development General Services Administration (other than Federal Supply Groups 51 and 52 and Federal Supply Class 7340) National Aeronautics and Space Administration Department of Veterans Affairs Environmental Protection Agency United States Information Agency National Science Foundation Panama Canal Commission Executive Office of the President Farm Credit Administration National Credit Union Administration Merit Systems Protection Board ACTION Agency United States Arms Control and Disarmament Agen- cy Office of Thrift Supervision Federal Housing Finance Board National Labor Relations Board National Mediation Board Railroad Retirement Board American Battle Monuments Commission Federal Communications Commission Federal Trade Commission Interstate Commerce Commission Securities and Exchange Commission Office of Personnel Management United States International Trade Commission Export-Import Bank of the United States Federal Mediation and Conciliation Service Selective Service System Smithsonian Institution Federal Deposit Insurance Corporation Consumer Product Safety Commission Equal Employment Opportunity Commission Federal Maritime Commission National Transportation Safety Board Nuclear Regulatory Commission Overseas Private Investment Corporation [now United States International Development Finance Cor- poration] Administrative Conference of the United States Board for International Broadcasting Commission on Civil Rights Commodity Futures Trading Commission The Peace Corps National Archives and Records Administration ANNEX 1B The Power Marketing Administrations of the Depart- ment of Energy Tennessee Valley Authority ANNEX 2 Thresholds Applicable to Agencies listed in Annex 1A Goods contracts—130,000 SDRs (currently $176,000) Construction contracts—$6,500,000 Thresholds Applicable to Agencies listed in Annex 1B Goods contracts—$450,000 Construction contracts—$6,500,000 [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.] Page 735 TITLE 19—CUSTOMS DUTIES § 2512 § 2512. Authority to encourage reciprocal com- petitive procurement practices (a) Authority to bar procurement from non-des- ignated countries (1) In general Subject to paragraph (2), the President, in order to encourage additional countries to be- come parties to the Agreement and to provide appropriate reciprocal competitive govern- ment procurement opportunities to United States products and suppliers of such prod- ucts— (A) shall, with respect to procurement cov- ered by the Agreement, prohibit the procure- ment, after the date on which any waiver under section 2511(a) of this title first takes effect, of products— (i) which are products of a foreign coun- try or instrumentality which is not des- ignated pursuant to section 2511(b) of this title, and (ii) which would otherwise be eligible products; and (B) may, with respect to procurement cov- ered by the Agreement, take such other ac- tions 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 serv- ices of the United States or of eligible prod- ucts; or (B) the offers of products or services of the United States or of eligible products are in- sufficient to fulfill the requirements of the United States Government. (b) Deferrals and waivers Notwithstanding subsection (a), but in fur- therance of the objective of encouraging coun- tries to become parties to the Agreement and provide appropriate reciprocal competitive gov- ernment procurement opportunities to United States products and suppliers of such products, the President may— (1) waive the prohibition required by sub- section (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but— (A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and (B) maintains and enforces effective prohi- bitions on bribery and other corrupt prac- tices in connection with its government pro- curement; (2) authorize agency heads to waive, subject to interagency review and general policy guid- ance by the organization established under section 1872(a) of this title, such prohibition on a case-by-case basis when in the national interest; and (3) authorize the Secretary of Defense to waive, subject to interagency review and pol- icy guidance by the organization established under section 1872(a) of this title, such prohi- bition for products of any country or instru- mentality which enters into a reciprocal pro- curement agreement with the Department of Defense. Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory commit- tees established under section 2155 of this title and with the appropriate committees of the Con- gress. (c) Report on impact of restrictions (1) Impact on the economy On or before July 1, 1981, the President shall report to the Committee on Ways and Means and the Committee on Government Operations of the House of Representatives and to the Committee on Finance and the Committee on Governmental Affairs of the Senate on the ef- fects on the United States economy (including effects on employment, production, competi- tion, costs and prices, technological develop- ment, export trade, balance of payments, in- flation, and the Federal budget) of the refusal of developed countries to allow the Agreement to cover the entities of the governments of such countries which are the principal pur- chasers of goods and equipment in appropriate product sectors. (2) Recommendations for attaining reciprocity The report required by paragraph (1) shall include an evaluation of alternative means to obtain equity and reciprocity in such product sectors, including (A) prohibiting the procure- ment of products of such countries by United States entities not covered by the Agreement, and (B) modifying the application of chapter 83 of title 41. The report shall include an anal- ysis of the effect of such alternative means on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget), and on successful ne- gotiations on the expansion of the coverage of the Agreement pursuant to section 2514(a) and (b) of this title, other trade negotiating objec- tives, the relationship of the Federal Govern- ment to State and local governments, and such other factors as the President deems ap- propriate. (3) Consultation In the preparation of the report required by paragraph (1) and the evaluation and analysis required by paragraph (2), the President shall consult with representatives of the public, in- dustry, and labor, and make available perti- nent, nonconfidential information obtained in the course of such preparation to the advisory committees established pursuant to section 2155 of this title. (d) Proposed action (1) Presidential report On or before October 1, 1981, the President shall prepare and transmit to the congres- sional committees referred to in subsection (c)(1) a report which describes the actions he deems appropriate to establish reciprocity