BUY AMERICA.

SEC. 1048. BUY AMERICA. (a) Inclusion of Iron.— Section 165(a) of the Surface Transportation Assistance Act of 1982 (23 U.S.C. 101 note) is amended by inserting “, iron,” after “steel”. (b) Waivers; Intentional Violations.— Section 165 of such Act is amended by adding at the end the following new subsections: “(e) Report on Waivers.— By January 1, 1995, the Secretary shall submit to Congress a report on the purchases from foreign entities waived under subsection (b) in fiscal years 1992 and 1993, indicating the dollar value of items for which waivers were granted under subsection (b). “(f) Intentional Violations.— If it has been determined by a court or Federal agency that any person intentionally— “(1) affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or 105 STAT. 2000 “(2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States; that person shall be ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991 pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. “(g) Limitation on Applicability of Waivers to Products Produced in Certain Foreign Countries.— If the Secretary, in consultation with the United States Trade Representative, determines that— “(1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section, and “(2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement, the provisions of subsection (b) shall not apply to products produced in that foreign country.”.