Page:United States Statutes at Large Volume 107 Part 2.djvu/775

 PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1725 Department of Defense and small businesses and certain other entities "(a) EXCLUSION.— In any case in which the Secretary of Defense plans to vise competitive procedures for a prociu'ement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement. "(b) PROCUREMENT DESCRIPTION.— The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than— "(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644); or "(2) entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2304 the following new item: ''2304a. Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities.". (b) EFFECTIVE DATE.— Section 2304a of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act. SEC. 849. BUY AMERICAN PROVISIONS. (a) COMPLIANCE WITH BUY AMERICAN ACT. — NO funds authorized to be appropriated pursuant to this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. (b) PROHIBITION OF CONTRACTS.— If the Secretary of Defense determines that a person has been convicted of intentionally afiaxing a label bearing a '^ade in America" inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) BUY AMERICAN ACT WAIVER RESCISSIONS.— <1) If the Secretary 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 the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement i^eferred to in paragraph (1) is any reciprocal defense procurement memorandum of understending between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain producte in that country. (d) DEFINITION. — For purposes of this section, the term "Buy Americcui Act" means title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departmente for 10 USC 2304a note. 10 USC 2410f note. 41 USC lOb-2 note.
 * § 2304a. Contracts: prohibition on competition between

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