To strike section 833, relating to waiver authority for domestic source or content requirements.

1. Strikes section 833

   Strikes

   In S. 1050 · Placed on Calendar Senate

   Struck: SEC. 833. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.

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

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

   Struck: "(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--

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   Struck: "(1) in a foreign country that has a reciprocal defense procurement memorandum of understanding or agreement with the United States;

   Struck: "(2) in a foreign country that has a reciprocal defense procurement memorandum of understanding or agreement 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 reciprocal defense procurement memorandum of understanding or agreement with the United States; or

   Struck: "(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 reciprocal defense procurement memorandum of understanding or agreement with the United States.

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

   Struck: "(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).

   Struck: "(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.

   Struck: "(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--

   Struck: "(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 this title; and

   Struck: "(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.

   Struck: "(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.

   Struck: "(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.

   Struck: "(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:

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

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

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

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

   Struck: "(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.

   Struck: "(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.".

   Struck: (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:

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

   Original wording

   Strike section 833.

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

As printed