24 U.S.C. § 225h — Buy American provisions

(a) Applicability: The Mayor must make sure the Buy American Act of 1933, as amended, applies to all purchases made under this subchapter. (b) Determination by Mayor: (1) If the Mayor, after consulting the United States Trade Representative, decides that a foreign country party to a covered agreement is discriminating against U.S. products covered by that agreement, the Trade Representative must cancel the Buy American Act waiver for those products from that country. (2) The "agreement" referred to here is any agreement between the United States and a foreign country under which a U.S. agency head has waived the Buy American Act for certain products from that country. (c) Report to Congress: The Mayor must report to Congress on the amount of purchases from foreign entities made under this subchapter in fiscal years 1992 and 1993. The report must separately show the dollar value of items where the Buy American Act was waived under an agreement described in subsection (a)(2), the Trade Agreement Act of 1979, or any other international agreement the United States is part of. (d) "Buy American Act" defined: In this section, "Buy American Act" means title III of the appropriations act approved March 3, 1933 (41 U.S.C. § 10a and following). (e) Restrictions on contract awards: No contract or subcontract funded under this subchapter may be awarded to buy an item made in a foreign country whose government unfairly and persistently discriminates against United States products or services in government procurement, in a way that identifiably harms U.S. businesses, as determined by the President under section 305(g)(1)(A) of the Trade Agreements Act of 1979. That determination must follow section 305 of that Act. (f) Prohibition against fraudulent use of "Made in America" labels: If a court or federal agency finally determines that someone intentionally put a "Made in America" label, or one with the same meaning, on a product sold or shipped to the United States that was not actually made here, that person becomes ineligible for any contract or subcontract under this subchapter, following the debarment, suspension, and ineligibility rules in 48 C.F.R. subpart 9.4.