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.
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Reports.
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