Page:United States Statutes at Large Volume 102 Part 2.djvu/1013

 PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 2017

(c) ANALYSIS OF DEFENSE INDUSTRIAL BASE CAPABILITY.—(1) The

Under Secretary of Defense for Acquisition shall require the Secretary of each military department to provide to the Under Secretary at least one analysis of the type described in section 2502(a)(l) of title 10, United States Code (as added by subsection (b)) for an acquisition program carried out by such department. The Under Secretary shall compile and analyze the data obtained from such analysis in order to ascertain whether the industrial base is capable of supporting each such program. (2) A program may not be selected for an analysis under this subsection if production of the system to be acquired under such program has begun. (3) All analyses required under this subsection shall be completed not later than September 30, 1990. (4) Not later than February 1, 1991, the Under Secretary of Defense for Acquisition shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the analyses required under this subsection. SEC. 822. SOURCE FOR PROCUREMENT MACHINE TOOLS

OF CERTAIN

10 USC 2502 note.

Reports.

VALVES AND

Section 2507 of title 10, United States Code, as redesignated by section 821, is amended by adding at the end the following new subsection: "(d) VALVES AND MACHINE TOOLS.—(1) During fiscal years 1989, 1990, and 1991, funds appropriated or otherwise made available to the Department of Defense may not be used to enter into a contract for the procurement of items described in paragraph (2) that are not manufactured in the United States or Canada. "(2) Items covered by paragraph (1) are the following: "(A) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 USC d in piping for naval surface ships and submarines. "(B) Machine tools in the Federal Supply Classes for metalworking machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460. and 3461. "(3) The Secretary of Defense may waive the requirement of paragraph (1) with respect to the procurement of an item if the Secretary determines that any of the following apply with respect to that item: "(A) The restriction would cause unresisonable costs or delays to be incurred. "(B) United States producers of the item would not be jeopardized by competition from a foreign country and that 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. "(C) Satisfactory quality items manufactured in the United Canada. States or Canada are not available. "(D) The restriction would impede cooperative programs entered into between the Department of Defense and a foreign country and that 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.

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