Page:United States Statutes at Large Volume 103 Part 2.djvu/494

 103 STAT. 1504 PUBLIC LAW 101-189—NOV. 29, 1989 SEC. 823. LIMITATION ON AUTHORITY TO WAIVE BUY AMERICAN ACT REQUIREMENT 41 USC iOb-2. (a) DETERMINATION BY SECRETARY OF DEFENSE.— (1) If the Sec- retary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of that agreement by discriminating against certain t3rpes of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any agreement, including any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products produced in that country. (b) REPORT TO CONGRESS. —-The Secretary of Defense shall submit to Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal years 1990 and 1991. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party. (c) BUY AMERICAN ACT DEFINED. —For purposes of this section, the term "Buy American Act" means title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Depart- ments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et seq.). 10 USC 2325 SEC. 824. ACQUISITION OF COMMERCIAL AND NONDEVELOPMENTAL note. ITEMS (a) IN GENERAL. —The Secretary of Defense shall— (1) prescribe regulations as provided in subsection (b); and (2) conduct an analysis as provided in subsection (c). (b) REGULATIONS.—-(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall publish for public comment new regulations to carry out the requirements in this subsection and rescind any regulations that are inconsistent with the requirements of this subsection. The Secretary shall promulgate final regulations to carry out such requirements not later than 270 days after the date of the enactment of this Act. (2) The Secretary of Defense shall develop a simplified uniform contract for the acquisition of commercial items by the Department of Defense and shall require that such simplified uniform contract be used for the acquisition of commercial items to the maximum extent practicable. The uniform contract shall include only— (A) those contract clauses that are required to implement provisions of law applicable to such an acquisition; and (B) those contract clauses that are appropriate, as determined • by the Secretary of Defense, for a contract for such an acquisition. In addition to the clauses described in subparagraphs (A) and (B), a contract for the acquisition of commercial items may include only such clauses as are essential for the protection of the Federal

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