DISCOURAGING UNFAIR TRADE PRACTICES.

SEC. 201. DISCOURAGING UNFAIR TRADE PRACTICES. (a) Suspension or Debarment Authorized.— Not later than 270 days after the date of enactment of this Act, subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation) shall be amended to specify the circumstances under which a contractor, who has engaged in an unfair trade practice, as defined in subsection (b), may be found to presently lack such business integrity or business honesty to such a degree as to seriously and directly affect the responsibility of the contractor to perform any contract awarded by the Federal Government or perform a subcontract under such a contract. (b) Definition of “Unfair Trade Practice”.— For purposes of this section, the term “unfair trade practice” means the commission of any of the following acts by a contractor: (1) Unfair trade practices.— An unfair trade practice, as determined by the International Trade Commission, for a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). (2) Violation of agreements of cocom.— A violation, as determined by the Secretary of Commerce, of any agreement of the group known as the “Coordinating Committee” for purposes of the Export Administration Act of 1979 or any similar bilateral or multilateral export control agreement. (3) False statements.— A knowingly false statement regarding a material element of a certification concerning the foreign content of an item of supply, as determined by the Secretary of the department or the head of the agency to which such certificate was furnished.