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 the cost of such materials of domestic origin and materials of foreign origin is not unreasonable or that the purchase of materials of domestic origin is not inconsistent with the public interest, this order shall not apply. A writ- ten report of the facts of each case in which such a de- termination is made shall be submitted to the Presi- dent through the Director of the Office of Management and Budget by the official making the determination within 30 days thereafter. [Ex. Ord. No. 10582, set out above, superseded to the extent it is inconsistent with Ex. Ord. No. 14005, see section 14(b) of Ex. Ord. No. 14005, Jan. 25, 2021, 86 F.R. 7478, set out in a note under section 8301 of this title.] [Ex. Ord. No. 10582, set out above, superseded to the extent that it is inconsistent with Ex. Ord. No. 13881, and section 2(a) and (c) of Ex. Ord. No. 10582 revoked upon issuance of final rule pursuant to section 2 of Ex. Ord. No. 13881, see section 3 of Ex. Ord. No. 13881, July 15, 2019, 84 F.R. 34258, set out in a note under section 8301 of this title.] § 8304. Waiver rescission (a) TYPE OF AGREEMENT.—An agreement re- ferred to in subsection (b) is a reciprocal defense procurement memorandum of understanding be- tween 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 DE- FENSE.—If the Secretary of Defense, after con- sultation with the United States Trade Rep- resentative, determines that a foreign country that is party to an agreement described in sub- section (a) has violated the agreement by dis- criminating 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. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8304(a) ........ 41:10b–2(a)(2), (b). Pub. L. 103–160, div. A, title VIII, § 849(c), (d), Nov. 30, 1993, 107 Stat. 1725. 8304(b) ........ 41:10b–2(a)(1). In subsection (a), the text of 41:10b–2(b) is omitted as unnecessary. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to those in this section and sec- tion 8305 of this title were contained in the following acts: Pub. L. 118–47, div. A, title VIII, § 8032, Mar. 23, 2024, 138 Stat. 490. Pub. L. 117–328, div. C, title VIII, § 8032, Dec. 29, 2022, 136 Stat. 4593. Pub. L. 117–103, div. C, title VIII, § 8033, Mar. 15, 2022, 136 Stat. 182. Pub. L. 116–260, div. C, title VIII, § 8030, Dec. 27, 2020, 134 Stat. 1310. Pub. L. 116–93, div. A, title VIII, § 8029, Dec. 20, 2019, 133 Stat. 2342. Pub. L. 115–245, div. A, title VIII, § 8028, Sept. 28, 2018, 132 Stat. 3006. Pub. L. 115–141, div. C, title VIII, § 8028, Mar. 23, 2018, 132 Stat. 469. Pub. L. 115–31, div. C, title VIII, § 8029, May 5, 2017, 131 Stat. 253. Pub. L. 114–113, div. C, title VIII, § 8028, Dec. 18, 2015, 129 Stat. 2357. Pub. L. 113–235, div. C, title VIII, § 8028, Dec. 16, 2014, 128 Stat. 2258. Pub. L. 113–76, div. C, title VIII, § 8027, Jan. 17, 2014, 128 Stat. 110. Pub. L. 113–6, div. C, title VIII, § 8027, Mar. 26, 2013, 127 Stat. 302. Pub. L. 112–74, div. A, title VIII, § 8027, Dec. 23, 2011, 125 Stat. 811. Pub. L. 112–10, div. A, title VIII, § 8028, Apr. 15, 2011, 125 Stat. 63. Pub. L. 111–118, div. A, title VIII, § 8030, Dec. 19, 2009, 123 Stat. 3435. Pub. L. 110–329, div. C, title VIII, § 8030, Sept. 30, 2008, 122 Stat. 3627. Pub. L. 110–116, div. A, title VIII, § 8029, Nov. 13, 2007, 121 Stat. 1321. Pub. L. 109–289, div. A, title VIII, § 8027, Sept. 29, 2006, 120 Stat. 1279. Pub. L. 109–148, div. A, title VIII, § 8030, Dec. 30, 2005, 119 Stat. 2705. Pub. L. 108–287, title VIII, § 8032, Aug. 5, 2004, 118 Stat. 977. Pub. L. 108–87, title VIII, § 8033, Sept. 30, 2003, 117 Stat. 1079. Pub. L. 107–248, title VIII, § 8033, Oct. 23, 2002, 116 Stat. 1544. Pub. L. 107–117, div. A, title VIII, § 8036, Jan. 10, 2002, 115 Stat. 2255. Pub. L. 106–259, title VIII, § 8036, Aug. 9, 2000, 114 Stat. 682. Pub. L. 106–79, title VIII, § 8038, Oct. 25, 1999, 113 Stat. 1239. Pub. L. 105–262, title VIII, § 8038, Oct. 17, 1998, 112 Stat. 2305. Pub. L. 105–56, title VIII, § 8040, Oct. 8, 1997, 111 Stat. 1229. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8042], Sept. 30, 1996, 110 Stat. 3009–71, 3009–97. Pub. L. 104–61, title VIII, § 8051, Dec. 1, 1995, 109 Stat. 662. Pub. L. 103–335, title VIII, § 8058, Sept. 30, 1994, 108 Stat. 2631. Pub. L. 103–139, title VIII, § 8069, Nov. 11, 1993, 107 Stat. 1455. Page 206 TITLE 41—PUBLIC CONTRACTS § 8305 Pub. L. 102–396, title IX, § 9096, Oct. 6, 1992, 106 Stat. 1924, as amended by Pub. L. 103–355, title VII, § 7206(b), Oct. 13, 1994, 108 Stat. 3382. Pub. L. 102–190, div. A, title VIII, § 833, Dec. 5, 1991, 105 Stat. 1447. Pub. L. 102–172, title VIII, § 8123, Nov. 26, 1991, 105 Stat. 1205. Pub. L. 101–189, div. A, title VIII, § 823, Nov. 29, 1989, 103 Stat. 1504. § 8305. Annual report Not later than 60 days after the end of each fiscal year, the Secretary of Defense shall sub- mit to Congress a report on the amount of pur- chases by the Department of Defense from for- eign 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 memo- randum of understanding described in section 8304(a) of this title; (2) the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.); or (3) an international agreement to which the United States is a party. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8305 ............ 41:10b–3. Pub. L. 104–201, div. A, title VIII, § 827, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105–85, div. A, title VIII, § 846, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 105–261, div. A, title VIII, § 812, Oct. 17, 1998, 112 Stat. 2086. CHAPTER 85—COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SE- VERELY DISABLED Sec. 8501. Definitions. 8502. Committee for Purchase From People Who Are Blind or Severely Disabled. 8503. Duties and powers of the Committee. 8504. Procurement requirements for the Federal Government. 8505. Audit. 8506. Authorization of appropriations. § 8501. Definitions In this chapter: (1) BLIND.—The term ‘‘blind’’ refers to an in- dividual or class of individuals whose central visual acuity does not exceed 20/200 in the bet- ter eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 de- grees. (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for Purchase From Peo- ple Who Are Blind or Severely Disabled estab- lished under section 8502 of this title. (3) DIRECT LABOR.—The term ‘‘direct labor’’— (A) includes all work required for prepara- tion, processing, and packing of a product, or work directly relating to the performance of a service; but (B) does not include supervision, adminis- tration, inspection, or shipping. (4) ENTITY OF THE FEDERAL GOVERNMENT AND FEDERAL GOVERNMENT.—The terms ‘‘entity of the Federal Government’’ and ‘‘Federal Gov- ernment’’ include an entity of the legislative or judicial branch, a military department or executive agency (as defined in sections 102 and 105 of title 5, respectively), the United States Postal Service, and a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (5) OTHER SEVERELY DISABLED.—The term ‘‘other severely disabled’’ means an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Com- mittee after consultation with appropriate en- tities of the Federal Government and taking into account the views of non-Federal Govern- ment entities representing the disabled) con- stitutes a substantial handicap to employment and is of a nature that prevents the individual from currently engaging in normal competi- tive employment. (6) QUALIFIED NONPROFIT AGENCY FOR OTHER SEVERELY DISABLED.—The term ‘‘qualified non- profit agency for other severely disabled’’ means an agency— (A)(i) organized under the laws of the United States or a State; (ii) operated in the interest of severely dis- abled individuals who are not blind; and (iii) of which no part of the net income of the agency inures to the benefit of a share- holder or other individual; (B) that complies with any applicable oc- cupational health and safety standard pre- scribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind or other severely disabled individuals for at least 75 percent of the hours of direct labor required for the production or provi- sion of the products or services. (7) QUALIFIED NONPROFIT AGENCY FOR THE BLIND.—The term ‘‘qualified nonprofit agency for the blind’’ means an agency— (A)(i) organized under the laws of the United States or a State; (ii) operated in the interest of blind indi- viduals; and (iii) of which no part of the net income of the agency inures to the benefit of a share- holder or other individual; (B) that complies with any applicable oc- cupational health and safety standard pre- scribed by the Secretary of Labor; and (C) that in the production of products and in the provision of services (whether or not the products or services are procured under this chapter) during the fiscal year employs blind individuals for at least 75 percent of the hours of direct labor required for the production or provision of the products or services. (8) SEVERELY DISABLED INDIVIDUAL.—The term ‘‘severely disabled individual’’ means an