Page:United States Statutes at Large Volume 101 Part 2.djvu/778

 101 STAT. 1329-435 Federal Register, publication.

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Reports.

Federal Register, publication.

PUBLIC LAW 100-202—DEC. 22, 1987

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. ObXD Not later than 30 days after the date of enactment of this Resolution, 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 1810t)) 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) Such list shall include— (A) each foreign country with respect to which an affirmative 54.- determination is made under subsection (b); and gi< (B) the country of Japan and any other country which has expressed a policy of during fair and equitable market opportunities for products and services of the United States in procurement or bidding for projects described in paragraph (1) of this subsection. (3) 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 President or 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. (4) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Federal Register any modifications to such list that are made after publication of the original list.

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