24 U.S.C. § 225h : US Code - Section 225H: Buy American provisions

Search 24 U.S.C. § 225h : US Code - Section 225H: Buy American provisions

(a) Applicability
The Mayor shall insure that the requirements of the Buy American
Act of 1933, as amended [41 U.S.C. 10a et seq.], apply to all
procurements made under this subchapter.
(b) Determination by Mayor
(1) If the Mayor, after consultation with the United States Trade
Representative, determines that a foreign country which is party to
an agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of products
produced in the United States that are covered by the agreement,
the United States Trade Representative shall rescind the waiver of
the Buy American Act [41 U.S.C. 10a et seq.] with respect to such
types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
agreement,(!1) between the United States and a foreign country
pursuant to which the head of an agency of the United States
Government has waived the requirements of the Buy American Act with
respect to certain products produced in the foreign country.
(c) Report to Congress
The Mayor shall submit to Congress a report on the amount of
purchases from foreign entities under this subchapter from foreign
entities in fiscal years 1992 and 1993. Such report shall
separately indicate the dollar value of items for which the Buy
American Act [41 U.S.C. 10a et seq.] was waived pursuant to any
agreement described in subsection (a)(2) of this section, the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(d) "Buy American Act" defined
For purposes of this section, the term "Buy American Act" means
title III of the Act entitled "An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes", approved March 3, 1933 (41
U.S.C. 10a et seq.).
(e) Restrictions on contract awards
No contract or subcontract made with funds authorized under this
subchapter (!2) may be awarded for the procurement of an article,
material, or supply produced or manufactured in a foreign country
whose government unfairly maintains 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, as identified by the
President pursuant to (!3) (g)(1)(A) of section 305 of the Trade
Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such
determination shall be made in accordance with section 305.
(f) Prohibition against fraudulent use of "Made in America" labels
If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a "Made in
America" inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not
made in the United States, that person shall be ineligible to
receive any contract or subcontract under this subchapter, pursuant
to the debarment, suspension, and ineligibility procedures in
subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.