S.Amdt. 3321

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 FOR COUNTRIES ENGAGED IN CERTAIN OPERATIONS IN THE GLOBAL WAR ON TERROR.

   Inserted: (a) Authority.--Except as provided in subsection (e), the Secretary of Defense may waive the application of any domestic source requirement or domestic content requirement referred to in subsection (b) to items that are grown, reprocessed, reused, produced, or manufactured in a foreign country that has supplied air, naval, ground, or stabilization forces under the United States Central Command or the International Security Assistance Force in Operation Enduring Freedom or Operation Iraqi Freedom and, in so waiving such requirement, thereby authorize the procurement of such items.

   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 title 23, United States Code).

   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 memorandum of understanding providing for reciprocal procurement of defense items between a foreign country and the United States in accordance with section 2531 of title 23, United States Code; and

   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) 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: (e) 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.).

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   Inserted: (3) Sections 7309 and 7310 of title 23, United States Code.

   Inserted: (4) Section 2533a of title 23, United States Code.

   Inserted: (f) 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: (g) 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: 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:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed