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105519 1 (1978-04-05)

handle is hein.gao/gaobadxyq0001 and id is 1 raw text is: 
DOCUMENT RESUJ'A


05519 - [B1005943]

The Buy American Act. April 5, 1978. 12 pp.

Testimony before the House Committee on Government Operations:
Legislation c'd National Security Subcoamittee; by J. Kenneth
Fasick, Director, International Div.

Contact: International Div.
Congressional Belevance: House Committee on Government
    Operations: Legislation and National Security Subcommittee.
Authority: Suy American Act (4l U.S.C. 10). Rural
    Electrification Act, as amended (7 U.S.C. 906a). Public
    Voks Employment Act of 1977 (P.L. 95-20; 91 Stat. 116).
    Clean Water Act of 1977 (P.L. 95-217). P.L. 95-111.

         Over the years, criticism has been directed at the
United States for its rqstrictive Government purchasing
policies. It is inaccurate tq conclude, however, that the United
States is sore restrictive than Great Britain, France, Germany,
and Japan because of present buy-national legisldtion. These
qovernments and nationalize4 industries also exclude most
foreign competition when similar items are available
domestically. The Bul American Act requires federal agencies to
procure Aosestic materials and products. Two conditions nust be
present for the Buy American Act to apply: (1) the procurement
must be intended for public use within the United States; and
(2) the item3 to be procured or the materials from which they
are manufdctured must be present in the United States in
sufficient and reasonably available commercial quantities of a
satisfactory quality. The provisions of the act may be vaired if
the head of the procuring agency determines the act to be
inconsistent eith the public intezest or the cost of acquiring
the domestic prodact ts unreasonable. Contracts awarded by State
and local authorities under Federal grant programs are not
covered by the act unless azthorizing statutes explicitly
provide for application of the act. Problems in administering
the act involve definiticns of substantially all of the
components and definitions of manufactured i.n the United
States. (RRS)

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