To repeal the authority of the Secretary of Defense to recommend that installations be placed in inactive status as part of the recommendations of the Secretary during the 2005 round of defense base closure and realignment.

1. Rewrites the text the amendment would insert

   Rewrites the amendmentIn place of the text the amendment being amended would strike

   Inserted: SEC. 842. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.

   Inserted: (a) Authority.--Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following new section:

   Inserted: "Sec. 2539c. Waiver of domestic source or content requirements

   Inserted: "(a) Authority.--Except as provided in subsection (f), the Secretary of Defense may waive the application of any domestic source requirement or domestic content requirement referred to in subsection (b) and thereby authorize the procurement of items that are grown, reprocessed, reused, produced, or manufactured--

   Inserted: "(1) in a foreign country that has a Declaration of Principles with the United States;

   Inserted: "(2) in a foreign country that has a Declaration of Principles with the United States substantially from components and materials grown, reprocessed, reused, produced, or manufactured in the United States or any foreign country that has a Declaration of Principles with the United States; or

   Inserted: "(3) in the United States substantially from components and materials grown, reprocessed, reused, produced, or manufactured in the United States or any foreign country that has a Declaration of Principles with the United States.

   Inserted: "(b) Covered Requirements.--For purposes of this section:

   Inserted: "(1) A domestic source requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item that is grown, reprocessed, reused, produced, or manufactured in the United States or by a manufacturer that is a part of the national technology and industrial base (as defined in section 2500(1) of this title).

   Inserted: "(2) A domestic content requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item produced or manufactured partly or wholly from components and materials grown, reprocessed, reused, produced, or manufactured in the United States.

   Inserted: "(c) Applicability.--The authority of the Secretary to waive the application of a domestic source or content requirements under subsection (a) applies to the procurement of items for which the Secretary of Defense determines that--

   Inserted: "(1) application of the requirement would impede the reciprocal procurement of defense items under a Declaration of Principles with the United States; and

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   Inserted: "(2) such country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.

   Inserted: "(d) Limitation on Delegation.--The authority of the Secretary to waive the application of domestic source or content requirements under subsection (a) may not be delegated to any officer or employee other than the Under Secretary of Defense for Acquisition, Technology and Logistics.

   Inserted: "(e) Consultations.--The Secretary may grant a waiver of the application of a domestic source or content requirement under subsection (a) only after consultation with the United States Trade Representative, the Secretary of Commerce, and the Secretary of State.

   Inserted: "(f) Laws Not Waivable.--The Secretary of Defense may not exercise the authority under subsection (a) to waive any domestic source or content requirement contained in any of the following laws:

   Inserted: "(1) The Small Business Act (15 U.S.C. 631 et seq.).

   Inserted: "(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

   Inserted: "(3) Sections 7309 and 7310 of this title.

   Inserted: "(4) Section 2533a of this title.

   Inserted: "(g) Relationship to Other Waiver Authority.--The authority under subsection (a) to waive a domestic source requirement or domestic content requirement is in addition to any other authority to waive such requirement.

   Inserted: "(h) Construction With Respect to Later Enacted Laws.--This section may not be construed as being inapplicable to a domestic source requirement or domestic content requirement that is set forth in a law enacted after the enactment of this section solely on the basis of the later enactment.

   Inserted: "(i) Declaration of Principles.--(1) In this section, the term 'Declaration of Principles' means a written understanding (including any Statement of Principles) between the Department of Defense and its counterpart in a foreign country signifying a cooperative relationship between the Department and its counterpart to standardize or make interoperable defense equipment used by the armed forces and the armed forces of the foreign country across a broad spectrum of defense activities, including--

   Inserted: "(A) harmonization of military requirements and acquisition processes;

   Inserted: "(B) security of supply;

   Inserted: "(C) export procedures;

   Inserted: "(D) security of information;

   Inserted: "(E) ownership and corporate governance;

   Inserted: "(F) research and development;

   Inserted: "(G) flow of technical information; and

   Inserted: "(H) defense trade.

   Inserted: "(2) A Declaration of Principles is underpinned by a memorandum of understanding or other agreement providing for the reciprocal procurement of defense items between the United States and the foreign country concerned without unfair discrimination in accordance with section 2531 of this title.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2539b the following new item:

   Inserted: "2539c. Waiver of domestic source or content requirements.".

   Inserted: SEC. 843. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER TRADE AGREEMENTS.

   Inserted: No provision of this Act or any amendment made by this Act shall apply to a procurement by or for the Department of Defense to the extent that the Secretary of Defense, in consultation with the Secretary of Commerce, the United States Trade Representative, and the Secretary of State, determines that it is inconsistent with United States obligations under a trade agreement.

   Original wording

   In lieu of the matter proposed to be stricken, insert the following:

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As printed