Page:United States Statutes at Large Volume 108 Part 4.djvu/185

 PUBLIC LAW 103-337 —OCT. 5, 1994 ^ 108 STAT. 2819 "(8) Application of the limitation would adversely affect a United States company. "(e) SONOBUOYS. — "(1) LIMITATION. — The Secretary pf Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country. "(2) WAIVER AUTHORITY.—The Secretary may waive the limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such procurement is in the national security interests of the United States. "(3) DEFINITION. —In this subsection, the term 'United States firm' has the meaning given such term in section 2532(d)(1) of this title. "(f) PRINCIPLE OF CONSTRUCTION WITH FUTURE LAWS. —A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law— "(1) specifically refers to this section; "(2) specifically states that such provision of law modifies or supersedes the provisions of this section; and "(3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision of law is being awarded in contravention of this section.". SEC. 815. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF MAJOR 10 USC 2430 DEFENSE ACQUISITION PROGRAMS. note (a) GUIDANCE.— Before April 1, 1995, the Secretary of Defense shall issue guidance, to apply uniformly throughout the Department of Defense, regarding— (1) how to achieve the purposes and intent of the National Environmental PoHcy Act of 1969 (42 U.S.C. 4321 et seq.) by ensuring timely compliance for major defense acquisition programs (as defined in section 2430 of title 10, United States Code) through (A) initiation of compliance efforts before development begins, (B) appropriate environmental impact analysis in support of each milestone decision, and (C) accounting for all direct, indirect, and cumulative environmental effects before proceeding toward production; and (2) how to analyze, as early in the process as feasible, the life-cycle environmental costs for such major defense acquisition programs, including the materials to be used, the mode of operations and maintenance, requirements for demilitarization, and methods of disposal, after consideration of all pollution prevention opportunities and in light of all environmental mitigation measures to which the department expressly commits. (b) ANALYSIS.—Beginning not later than March 31, 1995, the Secretary of Defense shall analyze the environmental costs of a major defense acquisition process as an integral part of the lifecycle cost analysis of the program pursuant to the guidance issued under subsection (a).

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