Page:United States Statutes at Large Volume 102 Part 2.djvu/544

 102 STAT. 1548 President of U.S.

PUBLIC LAW 100-418—AUG. 23, 1988

SEC. 7003. PROCEDURES TO PREVENT GOVERNMENT PROCUREMENT DISCRIMINATION.

Section 305 of the Trade Agreements Act of 1979 (19 U.S.C. 2515) is amended by adding at the end thereof the following: "(d) ANNUAL REPORT ON FOREIGN DISCRIMINATION.— "(1) ANNUAL REPORT REQUIRED.—The President shall,

no later than April 30, 1990, and annually on April 30 thereafter, submit to the appropriate committees of the House of Representatives and the (Committee on Governmental Affairs of the Senate, as well as other appropriate Senate committees, a report on the extent to which foreign countries discriminate against United States products or services in making government procurements. "(2) IDENTIFICATIONS REQUIRED.—In the annual report, the President shall identify (and continue to identify subject to subsections (f)(5) and (g)(3)) any countries, other than least developed countries, that— "(A) are signatories to the Agreement and not in compliance with the requirements of the Agreement; "(B)(i) are signatories to the Agreement; (ii) are in compliance with the Agreement but, in the government procurement of products or services not covered by the Agreement, maintain a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and (iii) whose products or services are acquired in significant amounts by the United States Government; or "(C)(i) are not signatories to the Agreement; (ii) maintain, in government procurement, a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harm to United States businesses; and (iii) whose products or services are acquired in significant amounts by the United States Government. "(3) CONSIDERATIONS IN MAKING IDENTIFICATIONS.—In making the identifications required by paragraph (1), the President shall— "(A) use the requirements of the Agreement, government procurement practices, and the effects of such practices on United States businesses as a basis for evaluating whether the procurement practices of foreign governments do not provide fair market opportunities for United States products or services; "(B) take into account, among other factors, whether and ' to what extent countries that are signatories to the Agreement, and other countries described in paragraph (1) of this subsection— "(i) use sole-sourcing or otherwise noncompetitive procedures for procurements that could have been conducted using competitive procedures; "(ii) conduct what normally would have been one procurement as two or more procurements, to decrease the anticipated contract values below the Agreement's value threshold or to make the procurements less attractive to United States businesses;

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