Page:United States Statutes at Large Volume 104 Part 2.djvu/783

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-375 tion, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 6 months after the date of enactment of this Act. SEC. 9207. BUY-AMERICAN REQUIREMENT. 49 USC app. (a) DETERMINATION BY ADMINISTRATOR. —I f the Administrator, with the concurrence of the Secretary of Commerce and the United States Trade Representative, determines that the public interest so requires, the Administrator is authorized to award to a domestic firm a contract made pursuant to the issuance of any grant made under this subtitle that, under the use of competitive procedures, would be awarded to a foreign firm, if— (1) the final product of the domestic firm will be completely assembled in the United States; (2) when completely assembled, not less than 51 percent of the final product of the domestic firm will be domestically produced; and (3) the difference between the bids submitted by the foreign and domestic firms is not more than 6 percent. In determining under this subsection whether the public interest so requires, the Administrator shall take into account United States international obligations and trade relations. (b) LIMITED APPLICATION.—T his section shall not apply to the extent to which— (1) such applicability would not be in the public interest; (2) compelling national security considerations require otherwise; or (3) the United States Trade Representative determines that such an award would be in violation of the General Agreement on Tariffs and Trade or an international agreement to which the United States is a party. (c) LIMITATION. —Th is section shall apply only to contracts made related to the issuance of any grant made under this subtitle for which— (1) amounts are authorized by this subtitle (including the amendments made by this subtitle) to be made available; and (2) solicitations for bids are issued after the date of the enactment of this Act. (d) REPORT TO CONGRESS. —The Administrator shall report to the Congress on contracts covered under this section and entered into with foreign entities in fiscal years 1991 and 1992 and shall report to the Congress on the number of contracts that meet the requirements of subsection (a) but which are determined by the United States Trade Representative to be in violation of the General Agreement on Tariffs and Trade or an international agreement to which the United States is a party. The Administrator shall also report to the Congress on the number of contracts covered under this subtitle (including the amendments made by this subtitle) and awarded based upon the parameters of this section. (e) DEFINITIONS.—For purposes of this section— (1) the term "Administrator" means the Administrator of the Federal Aviation Administration; (2) the term "domestic firm" means a business entity that is incorporated in the United States and that conducts business operations in the United States; and