Page:United States Statutes at Large Volume 105 Part 1.djvu/1009

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PUBLIC LAW 102-150—OCT. 31, 1991 105 STAT. 981 SEC. 4. BUY AMERICAN PROVISIONS. The Saint Elizabeths Hospital and District of Columbia Mental Health Services Act (sec. 32-621 et seq., D.C. Code) is amended— (1) by redesignating section 11 as section 12; and 24 USC 225 note. (2) by inserting after section 10 the following new section: "SEC. 11. BUY AMERICAN PROVISIONS. 24 USC 225h. "(a) The Mayor shall insure that the requirements of the Buy American Act of 1933, as amended, apply to all procurements made under this Act. "(b) DETERMINATION BY THE 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 t3rpes 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 with respect to such types of products produced in that foreign country. "(2) An agreement referred to in paragraph (1) is any agreement, 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 Act 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 was waived pursuant to any agreement described in subsection (a)(2), 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.—N O contract or subcontract made with funds authorized under this title 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 (g)(l)(A) of section 305 of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(l)(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.