Page:United States Statutes at Large Volume 102 Part 2.djvu/541

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1545

(4) EFFECT ON THE INFRASTRUCTURE OF SCIENCE AND ENGINEER-

ING.—This criterion relates to the potential of the proposed project to contribute to better understanding or improvement of the quality, distribution, effectiveness of the Nation's scientific and engineering research, education, and manpower base. (e) CONSULTATIONS.—In prescribing regulations and conducting the program under this section, the Director of the National Science Foundation shall consult with the Secretary of Education and other related agencies. (f) AUTHORIZATION OF APPROPRIATIONS.—Such sums shall be available for the College Science Instrumentation Program subject every year to the authorizations and appropriations for the National Science Foundation.

TITLE VII—BUY AMERICAN ACT OF 1988 SEC. 7001. SHORT TITLE.

Buy American Act of 1988. Contracts. 41 USC 10a note.

This title may be cited as the "Buy American Act of 1988". SEC. 7002. AMENDMENTS TO THE BUY AMERICAN ACT.

Title III of the Act of March 3, 1933 (41 U.S.C. lOa-lOd), is amended— (1) by redesignating sections 4 and 5 as sections 5 and 6, respectively; and (2) by inserting after section 3 the following new section: "SEC. 4. (a) A Federal agency shall not award any contract— "(1) for the procurement of an article, material, or supply mined, produced, or manufactured— "(A) in a signatory country that is considered to be a signatory not in good standing of the Agreement pursuant to section 305(f)(3)(A) of the Trade Agreements Act of 1979; or "(B) in a foreign country whose government 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 section 305(g)(l)(A) of such Act; or "(2) for the procurement of a service of any contractor or subcontractor that is a citizen or national of a foreign country identified by the President pursuant to section 305(fK3XA) or 305(g)(l)(A) of such Act, or is owned or controlled directly or indirectly by citizens or nationals of such a foreign country. "(b) The prohibition on procurement in subsection (a) is subject to sections 305(h) and 305(j) of such Act and shall not apply— "(1) with respect to services, articles, materials, or supplies procured and used outside the United States and its territories; "(2) notwithstanding section 305(g) of such Act, to an eligible product of a country which is a signatory country unless that country is considered to be a signatory not in good standing pursuant to section 305(fK3)(A) of such Act; or "(3) notwithstanding section 305(g) of such Act, to a country that is a least developed country (as that term is defined in section 308(6) of that Act). "(c) Notwithstanding subsection (a) of this section, the President or the head of a Federal agency may authorize the award of a

41 USC 10c notes. 41 USC lOb-1. Minerals and mining.