Government Procurement Agreements Act of 1990

Government Procurement Agreements Act of 1990 - Amends the Buy American Act to prohibit executive agency heads from negotiating, entering into, modifying, renewing, or extending any agreement with a foreign government for the procurement of an item manufactured outside the United States, except for any procurement conducted pursuant to the Agreement on Government Procurement (the Agreement), unless that particular action is authorized by statute and the agreement is for a fixed term. Requires executive agencies, in negotiating such agreements with a foreign government, to seek to: (1) establish audit standards and practices for procurements conducted under the agreement; (2) establish transparent, competitive, and open procedures for such procurements; and (3) increase access to foreign markets for U.S. product sectors not covered by such agreements or the Agreement.

Expresses the sense of the Congress that the President should seek to negotiate with foreign governments the dates by which certain indefinite term agreements to procure equipment will terminate.

 
HR 5023 IH
101st CONGRESS
2d Session
 H. R. 5023
To require that certain agreements entered into by executive agencies for
procurement outside of the United States be for a fixed term and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
June 13, 1990
Mr. BUSTAMANTE (for himself and Mr. HORTON) introduced the following bill;
which was referred jointly to the Committees on Government Operations and
Ways and Means
A BILL
To require that certain agreements entered into by executive agencies for
procurement outside of the United States be for a fixed term and for other
purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Government Procurement Agreements Act of 1990'.
SEC. 2. REQUIREMENTS FOR AGREEMENTS FOR PROCUREMENT OUTSIDE UNITED STATES.
  (a) IN GENERAL- Section 2 of the Act of March 3, 1933 (41 U.S.C. 10a;
  commonly known as the `Buy American Act'), is amended--
  (1) by inserting `(a)' before the first sentence; and
  (2) by adding at the end the following:
  `(b)(1) The head of an executive agency may not negotiate, enter into,
  renegotiate, modify, renew, or extend any covered agreement between the
  United States and a foreign government for the procurement of any article,
  material, or supply manufactured outside the United States, unless that
  particular action is specifically authorized by statute.
  `(2) In negotiating any covered agreement (including any modification,
  renewal, or extension of a covered agreement) with a foreign government
  for procurement of any article, material, or supply manufactured outside
  the United States, the head of an executive agency shall pursue the
  objectives of--
  `(A) establishing audit standards and practices for procurements conducted
  under the agreement;
  `(B) establishing transparent, competitive, and open procedures for such
  procurements; and
  `(C) increasing access to foreign markets for United States product sectors
  that are not covered by the agreement or the Agreement on Government
  Procurement.
  `(3) The head of an executive agency may not enter into any covered
  agreement, and may not agree to any modification, renewal, or extension
  of a covered agreement, unless that covered agreement as entered into,
  modified, renewed, or extended, is for a fixed term.
  `(4) This subsection does not apply to any procurement conducted pursuant
  to the Agreement on Government Procurement referred to in section 2503(c)(2)
  of title 19, United States Code.
  `(5) In this subsection the term `covered agreement' means an agreement
  providing for a procurement for which the head of a department or
  independent establishment determines that the requirement of subsection
  (a) is inconsistent with the public interest.'.
  (b) APPLICATION- Subsection (b) of section 2 of the Act of March 3, 1933,
  as added by subsection (a), shall not be considered to affect any covered
  agreement (as that term is defined in that subsection) entered into before
  the date of the enactment of this Act except to the extent such a covered
  agreement is renegotiated, modified, renewed, or extended.
SEC. 3. SENSE OF CONGRESS REGARDING NEGOTIATIONS FOR ESTABLISHMENT OF
TERMINATION DATES FOR CERTAIN AGREEMENTS FOR OVERSEAS PROCUREMENT.
  It is the sense of the Congress that the President should seek negotiations
  with each foreign government with which the United States has entered
  into an agreement of indefinite term providing for the procurement of
  equipment outside of the United States by an executive agency, other than
  any agreement entered into under the Agreement on Government Procurement
  referred to in section 2503(c)(2) of title 19, United States Code, for the
  purpose of amending the agreements to establish a fixed effective period
  for each agreement.
SEC. 4. ANNUAL REPORT.
  (a) IN GENERAL- The Director of the Office of Federal Procurement Policy
  shall submit to the Congress not later than March 1 of each year a report
  on the implementation during the preceding year of procurement agreements
  described in section 3 between executive agencies of the United States
  and foreign governments.
  (b) CONTENTS- Each report under this section shall include--
  (1) a brief description of procurement activities conducted under each
  reciprocal procurement agreement in effect during the preceding year;
  (2) an evaluation of the adequacy and effectiveness of those agreements
  in assisting executive agencies in fulfilling their functions; and
  (3) an assessment of the extent to which those agreements provide increased
  participation in government procurement for United States businesses.