§225h Buy American Provisions

Summary

The Mayor must make sure the Buy American Act (Title III of the act approved March 3, 1933; 41 U.S.C. 10a et seq.) is followed for all purchases under this subchapter. If the Mayor, after talking with the United States Trade Representative, finds that a foreign country party to a waiver agreement has treated U.S. products unfairly, the United States Trade Representative must cancel the waiver for those products. An “agreement” here means any deal where a U.S. agency head waived Buy American rules for certain products. The Mayor must also send Congress a report showing purchases from foreign sources in fiscal years 1992 and 1993, and must list dollar amounts for items where the Buy American rules were waived under such agreements, under the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or other international agreements. No contract or subcontract funded under subchapter 2 may buy items made in a foreign country that the President has identified under section 305 (19 U.S.C. 2515(g)(1)(A)) as having a persistent pattern of discriminatory government procurement that harms U.S. businesses; that finding must follow section 305. If a court or federal agency finally finds someone knowingly put a “Made in America” label (or words with the same meaning) on a product not made in the United States, that person cannot receive any contract or subcontract under this subchapter and will be handled under the debarment and suspension rules in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.