Page:United States Statutes at Large Volume 104 Part 4.djvu/925

 PUBLIC LAW 101-614—NOV. 16, 1990 104 STAT. 3241 ending September 30, 1993" immediately before the period at the end; and (5) by adding at the end the following new subsection: "(f) AVAILABILITY OF FUNDS. —Funds appropriated for fiscal years 1991, 1992, and 1993 pursuant to this section shall remain available until expended.". BUY AMERICAN REQUIREMENT SEC. 13. (a) DETERMINATION BY DIRECTOR. —If the Director of the Federal Emergency Management Agency, with the concurrence of the Secretary of Commerce and the United States Trade Representative, determines that the public interest so requires, the Agency is authorized to award to a domestic firm a contract made pursuant to the issuance of any grant made under this Act 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 Agency 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 Representatives 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.—T his section shall apply only to contracts made related to the issuance of any grant made under this Act for which— (1) amounts are authorized by this Act (including the amendments made by this Act) 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 Agency shall report to the Congress on contracts covered under this section and entered into with foreign entities in fiscal years 1990 and 1991 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 Representatives 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 Agency shall also report to the Congress on the number of contracts covered under this Act (including the amendments made by this Act) and awarded based upon the parameters of this section.

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