Page:United States Statutes at Large Volume 113 Part 2.djvu/219

 PUBLIC LAW 106-79—OCT. 25, 1999 113 STAT. 1239 SEC. 8036. For the purposes of this Act, the term "congressional defense committees" means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. SEC. 8037. During the current fiscal year, the Depeirtment of Defense may acquire the modification, depot meiintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Depsirtment of Defense depot medntenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Mguiagement euid Budget Circular A-76 shall not apply to competitions conducted under this section. SEC. 8038. (a)(1) If the Secretary of Defense, after consultation 41 USC lOb-2. 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 referred to in paragraph (1) is any reciprocal defense procurement memoreuidimi of understsinding, 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 in that country. (b) The Secretary of Defense shall submit to the Congress Reports, a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2000. 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 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any intemation^ agreement to which the United States is a party. (c) For purposes of this section, the term "Buy American Act" meems title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et seq.). SEC. 8039. Appropriations contained in this Act that remedn available at the end of the current fiscal year as a result of energy cost savings realized by the Department of Defense shall remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States Code. (INCLUDING TRANSFER OF FUNDS) SEC. 8040. Amounts deposited during the cxurent fiscal year to the special account established under 40 U.S.C. 485(h)(2) and to the special account established under 10 U.S.C. 2667(d)(1) are

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