Pub. L. 101-246, tit. X, sec. 1003
BUY-AMERICAN REQUIREMENT.
SEC. 1003. BUY-AMERICAN REQUIREMENT. (a) Determination by Secretary of State.— If the Secretary of State, with the concurrence of the United States Trade Representative and the Secretary of Commerce, determines that the public interest so requires, the Secretary of State is authorized to award to a domestic firm a contract 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 50 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 Secretary of State shall take into account United States international obligations and trade relations. (b) Limited Application.— This 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 Representative 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) Definitions.— For purposes of this section— (1) the term “domestic firm” means a business entity that is incorporated in the United States and that conducts business operations in the United States; and (2) the term “foreign firm” means a business entity not described in paragraph (1). (d) Applicability of Provision.— This section shall apply only to contracts for which— (1) amounts are authorized to be made available by this Act; and (2) solicitations for bids are issued after the date of the enactment of this Act.