§ 225h. — Buy American provisions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC225h]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 4--SAINT ELIZABETHS HOSPITAL
SUBCHAPTER III--MENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA
Sec. 225h. Buy American provisions
(a) Applicability
The Mayor shall insure that the requirements of the Buy American Act
of 1933, as amended [41 U.S.C. 10a et seq.], apply to all procurements
made under this subchapter.
(b) Determination by Mayor
(1) If the Mayor, after consultation with the United States Trade
Representative, determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of the
agreement by discriminating against certain types of products produced
in the United States that are covered by the agreement, the United
States Trade Representative shall rescind the waiver of the Buy American
Act [41 U.S.C. 10a et seq.] with respect to such types of products
produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any agreement,\1\
between the United States and a foreign country pursuant to which the
head of an agency of the United States Government has waived the
requirements of the Buy American Act with respect to certain products
produced in the foreign country.
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\1\ So in original. The comma probably should not appear.
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(c) Report to Congress
The Mayor shall submit to Congress a report on the amount of
purchases from foreign entities under this subchapter from foreign
entities in fiscal years 1992 and 1993. Such report shall separately
indicate the dollar value of items for which the Buy American Act [41
U.S.C. 10a et seq.] was waived pursuant to any agreement described in
subsection (a)(2) of this section, the Trade Agreement Act of 1979 (19
U.S.C. 2501 et seq.), or any international agreement to which the United
States is a party.
(d) ``Buy American Act'' defined
For purposes of this section, the term ``Buy American Act'' means
title III of the Act entitled ``An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year ending June 30,
1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(e) Restrictions on contract awards
No contract or subcontract made with funds authorized under this
subchapter \2\ may be awarded for the procurement of an article,
material, or supply produced or manufactured in a foreign country whose
government unfairly maintains in government procurement a significant
and persistent pattern or practice of discrimination against United
States products or services which results in identifiable harm to United
States businesses, as identified by the President pursuant to \3\
(g)(1)(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
section 305.
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\2\ See References in Text note below.
\3\ So in original. Probably should be followed by ``subsection''.
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(f) Prohibition against fraudulent use of ``Made in America'' labels
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ``Made in America''
inscription, or any 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 under this subchapter, pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of
title 48, Code of Federal Regulations.
(Pub. L. 98-621, Sec. 11, as added Pub. L. 102-150, Sec. 4(2), Oct. 31,
1991, 105 Stat. 981.)
References in Text
The Buy American Act of 1933, and the Buy American Act, referred to
in subsecs. (a) to (d), is title III of act Mar. 3, 1933, ch. 212, 47
Stat. 1520, as amended, known as the Buy American Act, which is
classified generally to sections 10a, 10b, and 10c of Title 41, Public
Contracts. For complete classification of this Act to the Code, see
Short Title note set out under section 10a of Title 41 and Tables.
The Trade Agreement Act of 1979, referred to in subsec. (c),
probably means the Trade Agreements Act of 1979, Pub. L. 96-39, July 26,
1979, 93 Stat. 144, as amended. For complete classification of this Act
to the Code, see References in Text note set out under section 2501 of
Title 19, Customs Duties, and Tables.
This subchapter, referred to in subsec. (e), was in the original
``this title'' and was translated as reading ``this Act'', meaning Pub.
L. 98-621, which is classified principally to this subchapter, to
reflect the probable intent of Congress, because Pub. L. 98-621 does not
contain titles.
