BUY-AMERICAN PROVISIONS.

SEC. 111. BUY-AMERICAN PROVISIONS. (a) Restrictions on Contract Awards.—No contract or sub-contract made with funds authorized under this title 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 harms to United States businesses, as identified by the President pursuant to subsection (g)(l)(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 such section 305. (b) Prohibition Against Fraudulent Use of “Made in America” Labels.—If it has been finally determined by a court or a Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or an 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 from the Department of Commerce, pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. (c) Buy-American Requirement.—(1) The Secretary is authorized to award to a domestic firm a contract for the purchase of goods that, under the use of competitive procedures, would be awarded to a foreign firm, if— (A) the final product of the domestic firm will be completely assembled in the United States; (B) when completely assembled, more than 50 percent of the final product of the domestic firm will be domestically produced; and (C) the difference between the bids submitted by the foreign and domestic firms is not more than 6 percent. (2) This subsection shall not apply to the extent to which— (A) in the opinion of the Secretary, after taking into consideration international obligations and trade relations, such applicability would not be in the public interest; (B) in the opinion of the Secretary, after consultation with the Secretary of Defense, compelling national security considerations require otherwise; or 106 STAT. 15 (C) the President 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. (3) This subsection shall apply only to contracts made for which— (A) amounts are authorized by this title to be made available; and (B) solicitations for bids are issued after the date of enactment of this Act. (4) The Secretary, before January 1, 1993, shall report to the Congress on contracts covered under this subsection— (A) entered into with foreign firms pursuant to a determination made under paragraph (2) of this subsection; and (B) awarded to domestic firms pursuant to paragraph (1) of this subsection, in fiscal years 1991 and 1992. (5) For purposes of this subsection— (A) 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 (B) the term “foreign firm” means a business entity not described in subparagraph (A).