Page:United States Statutes at Large Volume 106 Part 1.djvu/46

 106 STAT. 14 PUBLIC LAW 102-245—FEB. 14, 1992 Business and industry. Commerce and trade. 15 USC 1536. Contracts. SEC. 109. AVAILABIUry OF APPROPRIATIONS. Appropriations made under the authority provided in this Act shall remeiin available for obligation, for expenditure, or for obligation and expenditure for periods specified in the Acts making such appropriations. SEC. 110. REPORT ON FACILInES NEEDS. By March 1, 1992, the Director of the Institute shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on what renovations and upgrades of Institute facilities are necessary over the next decade, llie report shall include a ranking of facilities needs in order of priority, an estimate of costs, and the Director's plan for meeting these needs. SEC. 111. BUY-AMERICAN PROVISIONS. (a) RESTRICTIONS ON CONTRACT AWARDS.—NO 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 coiintry whose government unfairly maintains in government prociirement a significant and persistent pattern or practice of discrimination against United States products or services which results in identifiable harms to United States businesses, as identified by the President pursuant to subsection (g)(l)(A) of section 305 of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such determination shall be made in accordance with such section 305. (b) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMER- ICA" LABELS.— If it has been finally determined by a court or a Federal agency that any person intentionally affixed a label bearing a "Made in America" inscription, or an inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract from the Department of Commerce, pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. (c) BUY-AMERICAN REQUIREMENT.—(1) The Secretary is authorized to award to a domestic firm a contract for the purchase of goods that, under the use of competitive procedures, would be awarded to a foreign firm, if— (A) the final product of the domestic firm will be completely assembled in the United States; (B) when completely assembled, more than 50 percent of the final product of the domestic firm will be domestically produced; and (C) the difference between the bids submitted by the foreign and domestic firms is not more than 6 percent. (2) This subsection shall not apply to the extent to which— (A) in the opinion of the Secretary, after taking into consideration international obligations and trade relations, such applicability would not be in the public interest; (B) in the opinion of the Secretary, after consultation with the Secretary of Defense, compelling national security considerations require otherwise; or

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