
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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.
