19 U.S.C. § 2512: Authority to encourage reciprocal competitive procurement practices

which are products of a foreign country or instrumentality which is not designated pursuant to section 2511(b) of this title , and which would otherwise be eligible products; and may, with respect to procurement covered by the Agreement, take such other actions within the President’s authority as the President deems necessary. there are no offers of products or services of the United States or of eligible products; or 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. has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement; authorize agency heads to waive, subject to interagency review and general policy guidance 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 authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title , such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense. 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 effects 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) of the refusal of developed countries to allow the Agreement to cover the entities of the governments of such countries which are the principal purchasers of goods and equipment in appropriate product sectors. 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 procurement 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 analysis 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 negotiations on the expansion of the coverage of the Agreement pursuant to section 2514(a) and (b) of this title, other trade negotiating objectives, the relationship of the Federal Government to State and local governments, and such other factors as the President deems appropriate. 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, industry, and labor, and make available pertinent, nonconfidential information obtained in the course of such preparation to the advisory committees established pursuant to section 2155 of this title . On or before October 1, 1981 , the President shall prepare and transmit to the congressional committees referred to in subsection (c)(1) a report which describes the actions he deems appropriate to establish reciprocity with major industrialized countries in the area of Government procurement. If the President determines that any changes in existing law or new statutory authority are required to authorize or to implement any action proposed in the report submitted under paragraph (1), he shall, on or after January 1, 1982 , submit to the Congress a bill to accomplish such changes or provide such new statutory authority. Prior to submitting such a bill, the President shall consult with the appropriate committees of the Congress having jurisdiction over legislation involving subject matters which would be affected by such action, and shall submit to such committees a proposed draft of such bill. The appropriate committee of each House of the Congress shall give a bill submitted pursuant to subparagraph (A) prompt consideration and shall make its best efforts to take final committee action on such bill in an expeditious manner. Except as provided in subsection (b), the amendments made by this subtitle [subtitle E (§ § 341–344 of title III of Pub. L. 103–465 , amending this section and sections 2513 to 2515, 2517, and 2518 of this title, repealing section 2516 of this title , and amending provisions set out as a note under section 903 of Title 7 , Agriculture] take effect on the date on which the Agreement on Government Procurement referred to in section 101(d)(17) [ 19 U.S.C. 3511(d)(17) ] enters into force with respect to the United States [ Jan. 1, 1995 ]. The amendments made by section 342(g) [amending provisions set out as a note under section 903 of Title 7 ] take effect on the date on which the WTO Agreement enters into force with respect to the United States [ Jan. 1, 1995 ].”