§ 10b-2. — Limitation on authority to waive Buy American Act requirement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 41USC10b-2]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 10b-2. Limitation on authority to waive Buy American Act
requirement
(a) Determination by Secretary of Defense
(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'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 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 in
that country.
(b) Report to Congress
The Secretary of Defense shall submit to the Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 2004. 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) of this section, the Trade
Agreement 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 Departments for the fiscal year ending June 30,
1934, and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(Pub. L. 108-87, title VIII, Sec. 8033, Sept. 30, 2003, 117 Stat. 1079.)
References in Text
The Buy American Act, referred to in text, is title III of act Mar.
3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted sections 10a,
10b, and 10c of this title, and enacted provisions set out as notes
under section 10c of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 10a of this
title and Tables.
The Trade Agreement Act of 1979, referred to in subsec. (b),
probably means the Trade Agreements Act of 1979, Pub. L. 96-39, July 26,
1979, 93 Stat. 144. For complete classification of this Act to the Code,
see References in Text note set out under section 2501 of Title 19,
Customs Duties, and Tables.
Prior Provisions
Provisions similar to those in this section were contained in the
following prior acts:
Pub. L. 107-248, title VIII, Sec. 8033, Oct. 23, 2002, 116 Stat.
1544.
Pub. L. 107-117, div. A, title VIII, Sec. 8036, Jan. 10, 2002, 115
Stat. 2255.
Pub. L. 106-259, title VIII, Sec. 8036, Aug. 9, 2000, 114 Stat. 682.
Pub. L. 106-79, title VIII, Sec. 8038, Oct. 25, 1999, 113 Stat.
1239.
Pub. L. 105-262, title VIII, Sec. 8038, Oct. 17, 1998, 112 Stat.
2305.
Pub. L. 105-56, title VIII, Sec. 8040, Oct. 8, 1997, 111 Stat. 1229.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII,
Sec. 8042], Sept. 30, 1996, 110 Stat. 3009-71, 3009-97.
Pub. L. 104-61, title VIII, Sec. 8051, Dec. 1, 1995, 109 Stat. 662.
Pub. L. 103-335, title VIII, Sec. 8058, Sept. 30, 1994, 108 Stat.
2631.
Pub. L. 103-139, title VIII, Sec. 8069, Nov. 11, 1993, 107 Stat.
1455.
Pub. L. 102-396, title IX, Sec. 9096, Oct. 6, 1992, 106 Stat. 1924,
as amended by Pub. L. 103-355, title VII, Sec. 7206(b), Oct. 13, 1994,
108 Stat. 3382.
Pub. L. 102-190, div. A, title VIII, Sec. 833, Dec. 5, 1991, 105
Stat. 1447.
Pub. L. 102-172, title VIII, Sec. 8123, Nov. 26, 1991, 105 Stat.
1205.
Pub. L. 101-189, div. A, title VIII, Sec. 823, Nov. 29, 1989, 103
Stat. 1504.
Buy American Act Waiver Rescissions
Pub. L. 103-160, div. A, title VIII, Sec. 849(c), (d), Nov. 30,
1993, 107 Stat. 1725, provided that:
``(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'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 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 in
that country.
``(d) Definition.--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 Departments for the
fiscal year ending June 30, 1934, and for other purposes', approved
March 3, 1933 (41 U.S.C. 10a et seq.).''
