Page:United States Statutes at Large Volume 108 Part 2.djvu/582

 108 STAT. 1298 PUBLIC LAW 103-272—JULY 5, 1994 49102. Restricting contract awards because of discrimination against United States goods or services. 49103. Contract preference for domestic firms. 49104. Restriction on airport projects using products or services of foreign countries denying fair market opportunities. 49105. Fraudulent use of "Made in America" label. § 49101. Buying goods produced in the United States (a) PREFERENCE.—The Secretary of Transportation may obligate an amount that may be appropriated to carry out 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 for a project only if steel and manufactured goods used in the project are produced in the United States. (b) WAIVER.— The Secretary may waive subsection (a) of this section if the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) the steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (3) when procuring a facility or equipment under section 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— (A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and (B) final assembly of the facility or equipment has occurred in the United States; or (4) including domestic material will increase the cost of the overall project by more than 25 percent. (c) LABOR COSTS. —In this section, labor costs involved in final assembly are not included in calculating the cost of components. § 49102. Restricting contract awards because of discrimination against United States goods or services A person or enterprise domiciled or operating under the laws of a foreign country may not make a contract or subcontract 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) if the government of that country unfairly maintains, in government procurement, a significant and persistent pattern of discrimination against United States goods or services that results in identifiable harm to United States businesses, that the President identifies under section 305(g)(1)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)). § 49103. Contract preference for domestic firms (a) DEFINITIONS.— In this section— (1) "domestic firm" means a business entity incorporated, and conducting business, in the United States. (2) "foreign firm" means a business entity not described in clause (1) of this subsection.

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