DENIAL OF FUNDS FOR PROJECTS USING PRODUCTS OR SERVICES OF FOREIGN COUNTRIES THAT DENY FAIR MARKET OPPORTUNITIES.

SEC. 115. DENIAL OF FUNDS FOR PROJECTS USING PRODUCTS OR SERVICES OF FOREIGN COUNTRIES THAT DENY FAIR MARKET OPPORTUNITIES. The Airport and Airway Improvement Act of 1982 is amended by adding at the end thereof the following new section: “SEC. 533. DENIAL OF FUNDS FOR PROJECTS USING PRODUCTS OR SERVICES OF FOREIGN COUNTRIES THAT DENY FAIR MARKET OPPORTUNITIES. “(a) In General.— “(1) Prohibition on funding.— No funds made available under this Act may be used to fund any project which uses any product or service of a foreign country during any period in which such foreign country is listed by the United States Trade Representative under subsection (c). “(2) Limitation on applicability.— Paragraph (1) shall not apply with respect to the use of a product or service in a project if the Secretary determines that— “(A) the application of paragraph (1) to such product, service, or project would not be in the public interest, 101 STAT. 1506 “(B) products of the same class or kind as such product or service are not produced or offered in the United States, or in any foreign country that is not listed under subsection (c), in sufficient and reasonably available quantities and of a satisfactory quality, or “(C) exclusion of such product or service from the project would increase the cost of the overall project contract by more than 20 percent. “(b) Determinations.— “(1) Deadline.— By no later than the date which is 30 days after the date on which each report is submitted to the Congress under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the United States Trade Representative shall make a determination with respect to each foreign country of whether or not such foreign country— “(A) denies fair and equitable market opportunities for products and suppliers of the United States in procurement, or “(B) denies fair and equitable market opportunities for United States bidders, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country. “(2) Information considered.— 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 of the Trade Act of 1974 and such other information as the United States Trade Representative considers to be relevant. “(c) Listing of Foreign Countries.— “(1) General rule.— The United States Trade Representative shall maintain a list of each foreign country with respect to which an affirmative determination is made under subsection (b). “(2) Removal from list.— Any foreign country that is added to the list maintained under paragraph (1) shall remain on the list until the United States Trade Representative determines that such foreign country does permit the fair and equitable market opportunities described in subparagraphs (A) and (B) of subsection (b)(1). “(3) Publication.— The United States Trade Representative shall annually 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 between annual publications of the entire list. “(d) Special Rules.— “(1) For purposes of this section, each foreign instrumentality, and each territory or possession of a foreign country, that is administered separately for customs purposes shall be treated as a separate foreign country. “(2) For purposes of this section, any article that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country. “(3) For purposes of this section, any service provided by a person that is a national of a foreign country, or is controlled by 101 STAT. 1507nationals of a foreign country, shall be considered to be a service of such foreign country.”.