Page:United States Statutes at Large Volume 104 Part 3.djvu/747

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PUBLIC LAW 101-514—NOV. 5, 1990 104 STAT. 2099 supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection (c) of this section. (2) The President or the head of a Federal agency administering the funds for the construction, alteration, or repair may waive the restrictions of paragraph (1) of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary for the public interest. The authority of the President or the head of a Federal agency under this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver. (b)(1) Not later than May 1, 1991, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country— (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181(b) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available. (c)(1) The United States Trade Representative shall maintain a list of each foreign country which— (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) Any foreign country that is initially listed or that is added to the list maintained under paragraph (1) shall remain on the list until— (A) such country removes the barriers in construction projects to United States products and services; (B) such country submits to the United States Trade Representative evidence demonstrating that such barriers have been removed; and (C) the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifying the barriers and describing the actions taken to remove them. (3) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Fedreal Register any modifications to such list that are made after publication of the original list. President. Federal Register, publication. Reports. Federal Register, publication.