RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES.

SEC. 343. RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES. (a) Applicability.—Section 302(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(a)) is amended to read as follows: “(a) Authority To Bar Procurement From Non-Designated Countries.— “(1) In general.— Subject to paragraph (2), the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products— “(A) shall, with respect to procurement covered by the Agreement, prohibit the procurement, after the date on which any waiver under section 301(a) first takes effect, of products— “(i) which are products of a foreign country or instrumentality which is not designated pursuant to section 301(b), and “(ii) which would otherwise be eligible products; and “(B) may, with respect to procurement covered by the Agreement, take such other actions within the President’s authority as the President deems necessary. “(2) Exception.— Paragraph (1) shall not apply in the case of procurements for which— “(A) there are no offers of products or services of the United States or of eligible products; or “(B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements or the United States Government.”. 108 STAT. 4955 (b) Additional Waiver Authority.—Section 302(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)) is amended— (1) by amending paragraph (1) to read as follows: “(1) waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but— “(A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and “(B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;”; and (2) by adding after paragraph (3) the following: “Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 135 of the Trade Act of 1974 and with the appropriate committees of the Congress.”. (c) Conforming Amendment.—Section 305(g) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)) is amended— (1) in paragraph (1)— (A) by striking “(B) or (C)” and inserting “(B), (C), (D), or (E)”; and (B) by striking “their discriminatory procurement practices” and inserting “the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)”; and (2) in paragraph (3) by striking “discrimination identified pursuant to subsection (d)(2)(B) or (C)” and inserting “the practices regarding government procurement identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may be)”.