19 U.S.C. § 2511 General Authority to Modify Discriminatory Purchasing Requirements

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 19 U.S.C. § 2511

(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), 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) 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.

Cite as 19 U.S.C. § 2511

Source: 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.

current through 8/10/2023

EDITORIAL NOTES

AMENDMENTS

2020-Subsec. (b)(1). Pub. L. 116-113, §505(a)(1), substituted "the USMCA (as defined in section 4502 of this title)" for "the North American Free Trade Agreement".

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 American 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), substituted "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 subsecs. (e) and (f).

1988-Subsec. (d). Pub. L. 100-418, §§70047004,, 70057004,, temporarily 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 provisions of and amendments made by the Buy American Act of 1988) unless such other provision specifically refers to and amends this section." See Effective and Termination Dates of 1988 Amendment note below.