Pub. L. 101-514, tit. V, sec. 511

Sec. 511. (a)(1) None of the funds appropriated by this Act may be obligated or expended to enter into any contract for the construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with any contractor or subcontractor of a foreign country, or any 104 STAT. 2099supplier of products of a foreign country, during any period in which such foreign country is listed by the United States Trade Representative under subsection (c) of this section. (2) The President or the head of a Federal agency administering the funds for the construction, alteration, or repair may waive the restrictions of paragraph (1) of this subsection with respect to an individual contract if the President or the head of such agency determines that such action is necessary for the public interest. The authority of the President or the head of a Federal agency under this paragraph may not be delegated. The President or the head of a Federal agency waiving such restrictions shall, within 10 days, publish a notice thereof in the Federal Register describing in detail the contract involved and the reason for granting the waiver. (b)(1) Not later than May 1, 1991, the United States Trade Representative shall make a determination with respect to each foreign country of whether such foreign country— (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) In making determinations under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181(b) of the Trade Act of 1974 and such other information or evidence concerning discrimination in construction projects against United States products and services that are available. (c)(1) The United States Trade Representative shall maintain a list of each foreign country which— (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or (B) denies fair and equitable market opportunities for products and services of the United States in bidding, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. (2) Any foreign country that is initially listed or that is added to the list maintained under paragraph (1) shall remain on the list until— (A) such country removes the barriers in construction projects to United States products and services; (B) such country submits to the United States Trade Representative evidence demonstrating that such barriers have been removed; and (C) the United States Trade Representative conducts an investigation to verify independently that such barriers have been removed and submits, at least 30 days before granting any such waiver, a report to each House of the Congress identifying the barriers and describing the actions taken to remove them. (3) The United States Trade Representative shall publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Federal Register any modifications to such list that are made after publication of the original list. 104 STAT. 2100 (c) For purposes of this section— (1) The term “foreign country” includes any foreign instrumentality. Each territory or possession of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country. (2) Any contractor or subcontractor that is a citizen or national of a foreign country, or is controlled directly or in-directly by citizens or nationals of a foreign country, shall be considered to be a contractor or subcontractor of such foreign country. (3) Subject to paragraph (4), any product that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country. (4) The restrictions of subsection (a)(1) shall not prohibit the use, in the construction, alteration, or repair of a public building or public work, of vehicles or construction equipment of a foreign country. (5) The terms “contractor” and “subcontractor” include any person performing any architectural, engineering, or other services directly related to the preparation for or performance of the construction, alteration, or repair. (e) Paragraph (a)(1) of this section shall not apply to contracts entered into prior to the date of enactment of this Act. (f) The provisions of this section are in addition to, and do not limit or supersede, any other restrictions contained in any other Federal law. This Act may be cited as the “Energy and Water Development Appropriations Act, 1991”.