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41 U.S.C. § 8304 — Waiver rescission

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8304 — Waiver rescission

**(a) Type of Agreement.—** An agreement referred to in subsection (b) is a reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived this chapter for certain products in that country. **(b) Determination by Secretary of Defense.—** If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country that is party to an agreement described in subsection (a) has violated 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 this chapter with respect to those types of products produced in that country.

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Source location: Title 41, Chapter 83, § 8304; chapter-083-buy-american.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8305 — Annual report

Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report on the amount of purchases by the Department of Defense from foreign entities in that fiscal year. The report shall separately indicate the dollar value of items for which this chapter was waived pursuant to— (1) a reciprocal defense procurement memorandum of understanding described in [section 8304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304/a&num=0&edition=prelim); (2) the Trade Agreements Act of 1979 ([19 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim) et seq.); or (3) an international agreement to which the United States is a party.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8301 — Definitions

In this chapter: (1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States. (3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8302 — American materials required for public use

**(a) In General.—** (1) **Allowable materials.—** — Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (2) **Exceptions.—** — This section does not apply— (A) to articles, materials, or supplies for use outside the United States; (B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304&num=0&edition=prelim)), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and (C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim). **(b) Reports.—** (1) **In general.—** — Not later than 180 days after the end of the fisca

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8304 — Waiver rescission

Page 205 TITLE 41—PUBLIC CONTRACTS § 8304 (c) To reject a bid or offer to furnish material of for- eign origin in any situation in which the domestic sup- plier offering the lowest price for furnishing the desired materials undertakes to produce substantially all of such materials in areas of substantial unemployment, as determined by the Secretary of Labor in accordance with such appropriate regulations as he may establish and during such period as the President may determine that it is in the national interest to provide to such areas preference in the award of Government contracts: Provided, that nothing in this section shall prevent the rejection of a bid or offered price which is excessive; or (d) To reject any bid or offer for materials of foreign origin if such rejection is necessary to protect essential national-security interests after receiving advice with respect thereto from the President or from the Director [now Administrator] of the Federal Emergency Man- agement Agency. In providing this advice the Director [Administrator] shall be governed by the principle that exceptions under this section shall be made only upon a clear showing that the payment of a greater differen- tial than the procedures of this section generally pre- scribe is justified by consideration of national security. SEC. 4. The head of each executive agency shall issue such regulations as may be necessary to insure that procurement practices under his jurisdiction conform to the provisions of this order. SEC. 5. This order shall apply only to contracts en- tered into after the date hereof. In any case in which the head of an executive agency proposing to purchase domestic materials determines that a greater differen- tial than that provided in this order between t

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