RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/W/153  
25 September 2001 
 (01-4551) 
Committee on Government Procurement Original:   English 
  
 
 
PROPOSED MODIFICATIONS TO APPE NDIX I OF THE UNITED STATES  
 
Notification from the United States under Article XXIV:6 of the GPA
 
 
 
  The following notification from the Permanent Mi ssion of the United States was received on 
19 September 2001, with the request that it be ci rculated to the Parties to the Agreement on 
Government Procurement. 
 
_______________  
 
  
I. INTRODUCTION 
 Pursuant to Article XXIV:6 of the GP A, the United States proposes the following 
modifications to Annex 1 and Anne x 3 of Appendix I of the Agreement on Government Procurement.  
These modifications reflect recent changes in the ad ministrative structure of the Federal Government. 
  This document lists the proposed modi fications in the following categories: 
 
1. Proposed modifications to the Annex 1 list of  "Central Government Entities Which Procure in 
Accordance with the Provisions of this Agreement":  
(a) Proposed additions to the list.  
(b) Proposed deletions from the list. 
 2. Proposed modifications to the Annex 3 list of "All Other Entities Which Procure in 
Accordance with the Provisions of this Agreement":  
(a) Proposed additions to the list. 
 (b) Proposed deletions from the list. 
 GPA/W/153 
Page 2  
 
II. PROPOSED MODIFICATIONS 
1. Proposed modifications to the Annex 1 list of "Central Government Entities Which 
Procure in Accordance with the Provisions of this Agreement" 
 
(a) Proposed additions to the Annex 1 list
 
 
1. " Broadcasting Board of Governors " 
  Pursuant to Section 1601 of the Foreign A ffairs Reform and Restructuring Act of 1998, 
(Public Law 105-277), the " The United States Information Agency " (USIA) was abolished and certain 
USIA procurement functions were assigned to the " Broadcasting Board of Governors ". 
 2. " The Corporation for National and Community Service
" 
  The National and Community Service Trust Act of 1993 (42 USC 12651) created the 
"Corporation for National and Community Service " and required its merger with ACTION , a covered 
entity under the GPA (Annex 1, item 25).  These two entities have accordingly been merged under the name of the Corporation , and the Corporation  now performs all procurem ent functions previously 
conducted by " ACTION ". 
 (b) Proposed deletions from the Annex 1 list
 (the following item numbers match the 
corresponding numbers in Annex 1 for these entities) 
 18. " United States Information Agency
" 
   Pursuant to Section 1601 of the Foreign Affa irs Reform and Restructuring Act 1998, (Public 
Law 105-277), " The United States Information Agency " (USIA ) was abolished and the former 
procurement functions of USIA  were assigned to the " Department of State ", a covered entities under 
the GPA (Annex 1, item 9), and the " Broadcasting Board of Governors ", which the United States 
proposes to add to the Annex 1 list ( see section 1.(a)1., above).  All pr ocurement functions previously 
conducted by USIA are now conducted by the Depart ment of State and the Broadcasting Board of 
Governors. 
 
20. " Panama Canal Commission
" 
  Under the Panama Canal Treaty of 7 Septembe r 1977, the Government of the Republic of 
Panama assumed all authority and responsibility for the operation of the Panama Canal, effective 
31 December 1999.  All procurement f unctions formerly conducted by the " Panama Canal 
Commission " are now conducted by the Panama Canal Au thority (PCA), a governmental organization 
of the Republic of Panama.  The United States has no control or influence over the procurement 
functions of the PCA.  25. " ACTION
" 
 
 As noted in section 1.(a)2., above, the Na tional and Community Service Trust Act of 1993 
required the merger of " ACTION " and the " Corporation for National and Community Service ".  
Accordingly, " ACTION " has been eliminated and the Corporation  now performs all procurement 
functions previously conducted by " ACTION ". 
 GPA/W/153 
Page 3 
 
 
26. " Arms Control and Disarmament Agency " 
  Pursuant to Section 1601 of the Foreign A ffairs Restructuring Act of 1998 (Public Law 
105-277) the  "Arms Control and Disarmament Agency " (ACDA ) was eliminated and its functions 
were assigned to the " Department of State ", a covered entity under the GPA (Annex 1, item 9).  All 
procurement functions prev iously conducted by " ACDA " are now conducted by the Department of 
State.  35. " The Interstate Commerce Commission
" 
 
 Under the Interstate Commerce Commissi on Termination Act of 1995, the former " Interstate 
Commerce Commission " (ICC) was dissolved and its remaining responsibilities were assigned to the 
"Department of  Transportation ", a covered entity under the GPA (Annex 1, item 12).  All 
procurement functions prev iously conducted by the ICC are now conducted by the Department of 
Transportation. 
 
50. " Administrative Conference of the United States " 
  Pursuant to Public Law 104-52, the " Administrative Conference of the United States " was 
abolished and all procurement functions related to its former activities ceased. 
 
51. " Board for International Broadcasting
" 
  Under the United States International Broa dcasting Act of 1994 (Public Law 103-236), the 
"Board for International Broadcasting " was eliminated and its former  procurement functions were 
assumed by the " Broadcasting Board of Governors ".  These procurement functions will continue to 
be covered under the GPA as a result of the addition to Annex 1 of the " Broadcasting Board of 
Governors " (see section 1.(a)1., above). 
 79. " Resolution Trust Corporation Oversight Board
" 
  The Resolution Trust Corporation Refinanci ng and Restructuring Act of 1991 required the 
termination of the Resolution Trust Corporation (R TC) effective 31 December 1996.  As a result of 
the termination of the RTC, the " Resolution Trust Corporation Oversight Board " was renamed as the 
Thrift Depositor Protection Oversight Board.   This Oversight Board was subsequently disso lved by the Homeowner's Protection Act of 
1998 (P.L. 105-216, section 14), e ffective 29 September 1998.  Unde r this Act, the remaining 
functions of the Oversight Board were transferred to the " Department of the Treasury ", a covered 
entities under the GPA (Annex 1, item 11).  86. " Uranium Enrichment Corporation
" 
 
 Public Law 104-134 required that the " Uranium Enrichment Corporation " be reorganized 
from a government corporation to a private, for-pro fit corporation and re-named the United States 
Enrichment Corporation (USEC).  USEC came under private sector control on 23 July 1998, when it 
issued 100 million public shares on the New York Stock Exchange.  The United States Government 
no longer has control or influence over USEC procurement functions. 
 GPA/W/153 
Page 4  
 
2. Proposed modifications to the Annex 3 list of "All Other Entities Which Procure in 
Accordance with the Provisions of this Agreement" 
 
(a) Proposed additions to the Annex 3 list
 
 
 " Rural Utilities Service Financing " 
  Section 232 of Public Law 103-354 required that the " Rural Electrification Administration " 
(REA) be eliminated and its functions assumed by the " Rural Utilities Service " (RUS) of the 
Department of Agriculture.  All financ ing functions previously conducted by REA  are now conducted 
by RUS.  U.S. coverage under Anne x 3 will remain the same for RUS as was the case for REA.  This 
modification would simply replace the Annex 3 reference to REA with a reference to RUS.  (b) Proposed deletions from the Annex 3 list
 
 
"Alaska Power Administration " 
  Section 104(f) of the Alaska Power Administration Asset Sale and Termination Act, Public Law 104-58, authorized the termination of the " Alaska Power Administration " (APA) and sale of all 
APA assets.  The final transfer of assets t ook place in August 1998, which allowed the APA to 
proceed with all remaining close-out activities. 
 
"Rural Electrification Administration Financing
" 
  See section 2.(a), above.  
 In accordance with the procedur es for future changes to the l oose-leaf system for Appendices 
to the Agreement (GPA/W/110), pages 1/5-3/5 of A nnex 1 and page 1/2 of A nnex 3 to Appendix I of 
the United States in WT/Let/330 of 1 March 2000 shoul d be rectified as in Attachment A to this 
document (red-lined version).  Attachment B shows the relevant pages of the loose-leaf system as they would look after the acceptance of the modifications.
1 
 
 
                                                      
1 Both attachments are in English only. GPA/W/153 
Page 5 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 1/5
 
1 March 2000 (WT/Let/330 ) ATTACHMENT A 
 
UNITED STATES  
 
(Authentic in the English language only) 
 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 130,000 SDRs for supp lies and services 
  5 million SDRs for construction 
 
 
List of Entities : 
 
1. Department of Agriculture (not including procurement of agricultural products made in 
furtherance of agricultural support prog rammes or human feeding programmes) 
2. Department of Commerce (not including shi pbuilding activities of NOAA, as excluded in 
Annex 4) 
3. Department of Education 
4. Department of Health and Human Services 
5. Department of Housing and Urban Development 6. Department of the Interior (incl uding the Bureau of Reclamation)  
7. Department of Justice 8. Department of Labor 9. Department of State 
10. United States Agency for International Development (not including procurement for the direct 
purpose of providing foreign assistance) 
11. Department of the Treasury  12. Department of Transportation (not in cluding procurement by the Federal Aviation 
Administration, and pursuant to Ar ticle XXIII, the national security  considerations applicable to 
the Department of Defense are equally applicable  to the Coast Guard, a military unit of the 
United States) 
13. Department of Energy (pursuant to Articl e XXIII, national security exceptions include 
procurements made in support of  safeguarding nuclear materials or  technology and entered into 
under the authority of the Atomic Energy Act,  and oil purchases related to the Strategic 
Petroleum Reserve) 
14. General Services Administra tion (except Federal Supply Groups 51 and 52 and Federal Supply 
Class 7340) 
15. National Aeronautics and Space Administration  16. The Department of  Veterans Affairs 
17. Environmental Protection Agency 
18.
 United States Information Agency  
19. National Science Foundation 20.
 Panama Canal Commission  
21. Executive Office of the President 22. Farm Credit Administration GPA/W/153 
Page 6  
APPENDIX I UNITED STATES  ANNEX 1 Page 2/5
 
1 March 2000 (WT/Let/330)  23. National Credit Union Administration  
24. Merit Systems Protection Board 
25. ACTION  
 The Corporation for Natio nal and Community Service  
26. United States Arms Control and Disarmament Agency  
27. Office of Thrift Supervision 28. Federal Housing Finance Board 
29. National Labor Relations Board 
30. National Mediation Board 31. Railroad Retirement Board 32. American Battle Monuments Commission  33. Federal Communications Commission 34. Federal Trade Commission 
35.
 Interstate Commerce Commission  
36. Securities and Exchange Commission 37. Office of Personnel Management 38. United States International Trade Commission  39. Export-Import Bank of  the United States 
40. Federal Mediation a nd Conciliation Service  
41. Selective Service System  42. Smithsonian Institution 43. Federal Deposit Insurance Corporation  44. Consumer Product Safety Commission 
45. Equal Employment Opportunity Commission  
46. Federal Maritime Commission 47. National Transportation Safety Board 48. Nuclear Regulatory Commission 49. Overseas Private Investment Corporation 50.
 Administrative Conference of the United States  
51. Board for International Broadcasting  
 Broadcasting Board of Govenors  
52. Commission on Civil Rights 53. Commodity Futures Trading Commission  54. Peace Corps 
55. National Archives a nd Records Administration 
56. Advisory Commission on Intergovernmental Relations 57. African Development Foundation 58. Alaska Natural Gas Transportation System 59. Appalachian Regional Commission 60. Commission of Fine Arts 
61. Delaware River Basin Commission 
62. Federal Election Commission 63. Federal Emergency Management Agency 
64. Federal Home Loan Mortgage Corporation 65. Federal Maritime Commission 
66. Federal Mine Safety a nd Health Review Commission 
67. Federal Reserve System 68. Federal Retirement Th rift Investment Board 
69. Holocaust Memorial Council 70. Inter-American Foundation 71. National Capital Planning Commission GPA/W/153 
Page 7 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 3/5
 
1 March 2000 (WT/Let/330 ) 72. National Commission on Librar ies and Information Science 
73. National Council on Disability 
74. National Foundation on the Arts and the Humanities 
75. Occupational Safety and Health Review Commission 76. Office of Government Ethics 77. Office of the Nuclear Waste Negotiator 78. Office of Special Counsel 
79.
 Resolution Trust Corporation Oversight Board  
80. Small Business Administration 81. Susquehanna River Basin Commission 82. Pennsylvania Avenue Development Corporation 83. Federal Crop Insurance Corporation 84. Federal Prison Industries, Inc. 
85. Government National Mortgage Association 
86.
 Uranium Enrichment Corporation  
87. Department of Defense, including the Corps of Army Engineers  This Agreement will not apply to the followi ng purchases of the Department of Defense:  
 
(a) Federal Supply Classification (FSC) 83 - all el ements of this classifi cation other than pins, 
needles, sewing kits, flagstaffs, fla gpoles, and flagstaff trucks; 
(b)  FSC 84 - all elements ot her than sub-class 8460 (luggage); 
(c)  FSC 89 - all elements other th an sub-class 8975 (tobacco products);  
(d)  FSC 2310 - (buses only); 
(e)  Speciality metals, defined as steels melted in  steel manufacturing facilities located in the United 
States or its possessions, wh ere the maximum alloy content exceeds one or more of the 
following limits, must be used in products pu rchased by DOD: (1) manganese, 1.65 per cent; 
silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains more than 0.25 per cent of any 
of the following elements: aluminium, chromi um, cobalt, columbium, olybdenum, nickel, 
titanium, tungsten, or vanadium; (2) metal alloys  consisting of nickel, iron-nickel and cobalt 
base alloys containing a total of other alloying me tals (except iron) in excess of 10 per cent; (3) 
titanium and titanium alloys; or (4) zirconium base alloys; 
(f) FSC 19 and 20 - that part of these classifications defined as naval vessels or major components 
of the hull or superstructure thereof; 
(g) FSC 5l and 52; 
(h) Following FSC categories are not generally co vered due to application of Article XXIII, 
paragraph 1:  10, 12, 13, 14, 15, 16,  17, 19, 20, 28, 31, 58, 59, 95.   
 This Agreement will generally apply to purchases of  the following FSC categories subject to United 
States Government determina tions under the provisions of Article XXIII, paragraph 1. 
 GPA/W/153 
Page 8 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 1/5
 
1 March 2000 (WT/Let/330 )  
ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 
Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction   List of Entities : 
 
The following entities at the SDR equivalent of $250,0 00 for supplies and services
: 
 Tennessee Valley Authority Power Marketing Admini strations of the Department of Energy 
 - Bonneville Power Administration 
 - Western Area Po wer Administration 
 - Southeastern Power Administration  - Southwestern Power Administration  -
 Alaska Power Administration  
 - St. Lawrence Seaway Development Corporation 
 
The following entities are 400, 000 SDRs for supplies and services : 
 The Port Authority of New York and New Jersey with the following exceptions: 
  - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
  - In exceptional cases, individual procurem ents may require certain regional production 
of goods if authorized by the Board of Directors; 
 
 - Procurements pursuant to multi-jurisdicti onal agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 The New York  Power Authority (subject to the conditions specified for the state of New York in 
Annex 2) 
 Rural Electrification Administration
 Rural Utilities Service  Financing: 
  (1) waiver of Buy American restriction on  financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
  (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above. 
 
 GPA/W/153 
Page 9 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 3/5
 
...2001(WT/Let/...)  ATTACHMENT B 
 
UNITED STATES  
 
(Authentic in the English language only) 
 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 130,000 SDRs for supp lies and services 
  5 million SDRs for construction 
 
 
List of Entities : 
 
1. Department of Agriculture (not including procurement of agricultural products made in 
furtherance of agricultural support prog rammes or human feeding programmes) 
2. Department of Commerce (not including shi pbuilding activities of NOAA, as excluded in 
Annex 4) 
3. Department of Education 
4. Department of Health and Human Services 
5. Department of Housing and Urban Development 6. Department of the Interior (incl uding the Bureau of Reclamation)  
7. Department of Justice 8. Department of Labor 9. Department of State 
10. United States Agency for International Development (not including procurement for the direct 
purpose of providing foreign assistance) 
11. Department of the Treasury  12. Department of Transportation (not in cluding procurement by the Federal Aviation 
Administration, and pursuant to Ar ticle XXIII, the national security  considerations applicable to 
the Department of Defense are equally applicable  to the Coast Guard, a military unit of the 
United States) 
13. Department of Energy (pursuant to Articl e XXIII, national security exceptions include 
procurements made in support of  safeguarding nuclear materials or  technology and entered into 
under the authority of the Atomic Energy Act,  and oil purchases related to the Strategic 
Petroleum Reserve) 
14. General Services Administra tion (except Federal Supply Groups 51 and 52 and Federal Supply 
Class 7340) 
15. National Aeronautics and Space Administration  16. The Department of  Veterans Affairs 
17. Environmental Protection Agency 
18. National Science Foundation 
19. Executive Office of the President 20. Farm Credit Administration GPA/W/153 
Page 10  
APPENDIX I UNITED STATES  ANNEX 1 Page 2/5
 
...2001(WT/Let/...)  
 21. National Credit Union Administration  
22. Merit Systems Protection Board 
23. The Corporation for Natio nal and Community Service 
24. Office of Thrift Supervision 25. Federal Housing Finance Board 26. National Labor Relations Board 27. National Mediation Board 
28. Railroad Retirement Board 
29. American Battle Monuments Commission  30. Federal Communications Commission 31. Federal Trade Commission 32. Securities and Exchange Commission 33. Office of Personnel Management 
34. United States International Trade Commission  
35. Export-Import Bank of  the United States 
36. Federal Mediation a nd Conciliation Service  
37. Selective Service System  38. Smithsonian Institution 
39. Federal Deposit Insurance Corporation  
40. Consumer Product Safety Commission 
41. Equal Employment Opportunity Commission  42. Federal Maritime Commission 43. National Transportation Safety Board 
44. Nuclear Regulatory Commission 
45. Overseas Private Investment Corporation 46. Broadcasting Board of Govenors 47. Commission on Civil Rights 48. Commodity Futures Trading Commission  49. Peace Corps 
50. National Archives a nd Records Administration 
51. Advisory Commission on Intergovernmental Relations 52. African Development Foundation 53. Alaska Natural Gas Transportation System 54. Appalachian Regional Commission 
55. Commission of Fine Arts 
56. Delaware River Basin Commission 57. Federal Election Commission 58. Federal Emergency Management Agency 
59. Federal Home Loan Mortgage Corporation 60. Federal Maritime Commission 
61. Federal Mine Safety a nd Health Review Commission 
62. Federal Reserve System 63. Federal Retirement Th rift Investment Board 
64. Holocaust Memorial Council 65. Inter-American Foundation 
66. National Capital Planning Commission GPA/W/153 
Page 11 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 3/5
 
...2001(WT/Let/...)  67. National Commission on Librar ies and Information Science 
68. National Council on Disability 
69. National Foundation on the Arts and the Humanities 
70. Occupational Safety and Health Review Commission 71. Office of Government Ethics 72. Office of the Nuclear Waste Negotiator 73. Office of Special Counsel 
74. Small Business Administration 
75. Susquehanna River Basin Commission 76. Pennsylvania Avenue Development Corporation 77. Federal Crop Insurance Corporation 78. Federal Prison Industries, Inc. 
79. Government National Mortgage Association 
80. Department of Defense, including the Corps of Army Engineers 
 This Agreement will not apply to the followi ng purchases of the Department of Defense:  
 (a) Federal Supply Classification (FSC) 83 - all el ements of this classifi cation other than pins, 
needles, sewing kits, flagstaffs, fla gpoles, and flagstaff trucks; 
(b)  FSC 84 - all elements ot her than sub-class 8460 (luggage); 
(c)  FSC 89 - all elements other th an sub-class 8975 (tobacco products);  
(d)  FSC 2310 - (buses only); (e)  Speciality metals, defined as steels melted in  steel manufacturing facilities located in the United 
States or its possessions, wh ere the maximum alloy content exceeds one or more of the 
following limits, must be used in products pu rchased by DOD: (1) manganese, 1.65 per cent; 
silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains more than 0.25 per cent of any 
of the following elements: aluminium, chromi um, cobalt, columbium, olybdenum, nickel, 
titanium, tungsten, or vanadium; (2) metal alloys  consisting of nickel, iron-nickel and cobalt 
base alloys containing a total of other alloying metals (except iron) in excess of 10 per cent; (3) 
titanium and titanium alloys; or (4) zirconium base alloys; 
(f) FSC 19 and 20 - that part of these classifications defined as naval vessels or major components 
of the hull or superstructure thereof; 
(g) FSC 5l and 52; (h) Following FSC categories are not generally co vered due to application of Article XXIII, 
paragraph 1:  10, 12, 13, 14, 15, 16,  17, 19, 20, 28, 31, 58, 59, 95.   
 This Agreement will generally apply to purchases of  the following FSC categories subject to United 
States Government determina tions under the provisions of Article XXIII, paragraph 1. GPA/W/153 
Page 12  
APPENDIX I UNITED STATES  ANNEX 3 Page 1/2
 
...2001(WT/Let/...)  
 ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction 
  List of Entities : 
 The following entities at the SDR equivalent of $250,0 00 for supplies and services
: 
 
Tennessee Valley Authority Power Marketing Admini strations of the Department of Energy 
 - Bonneville Power Administration  - Western Area Po wer Administration 
 - Southeastern Power Administration 
 - Southwestern Power Administration  - St. Lawrence Seaway Development Corporation  The following entities are 400, 000 SDRs for supplies and services
: 
 
The Port Authority of New York and New Jersey with the following exceptions: 
  - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
 
 - In exceptional cases, individual procurem ents may require certain regional production 
of goods if authorized by the Board of Directors; 
  - Procurements pursuant to multi-jurisdicti onal agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 
The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 The New York  Power Authority (subject to the conditions specified for the state of New York in Annex 2)  
Rural Utilities Service Financing: 
  (1) waiver of Buy American restriction on  financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
 
 (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above. 
 
__________