108 STAT. 1300 PUBLIC LAW 103-272—JULY 5, 1994 (4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country. (b) LIMITATION ON USE OF AVAILABLE AMOUNTS.—(1) An amount made available under subchapter I of chapter 471 of this title (except sections 47106(d) and 47127) may not be used for a project that uses a product or service of a foreign country during any period the country is on the list maintained by the United States Trade Representative under subsection (d)(1) of this section. (2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that— (A) applying paragraph (1) to the product, service, or project is not in the public interest; (B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and (C) the project cost will increase by more than 20 percent if the product or service is excluded. (c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES. — Not later than 30 days after a report is submitted to Congress under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Representative, for a construction project of more than $500,000 for which the government of a foreign country supplies any part of the amount, shall decide whether the foreign country denies fair market opportunities for products and suppliers of the United States in procurement or for United States bidders. In making the decision, the Trade Representative shall consider information obtained in preparing the report and other information the Trade Representative considers relevant. (d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNI- TIES.—<1) The Trade Representative shall maintain a list of each foreign country the Trade Representative finds under subsection (c) of this section is denying fair market opportunities. The country shall remain on the list until the Trade Representative decides the country provides fair market opportunities. Federal (2) The Trade Representative shall publish in the Federal S?wfSo„ Register— (A) annually the list required under paragraph (1) of this subsection; and (B) any modification of the list made before the next list is published. § 49105. Fraudulent use of "Made in America** label If the Secretary of Transportation decides that a person intentionally affixed a "Made in America" label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a contract made under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508, 104 Stat. 1388-353). The Secretary may publication.
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