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SEC. 845. [10 U.S.C. 2371 note] AUTHORITY OF THE DEFENSE ADVANCED

RESEARCH PROJECTS AGENCY TO CARRY OUT CERTAIN

PROTOTYPE PROJECTS. [Note: This is set forth as a footnote to section 2371 of title 10, United States Code, beginning on page 205.)

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SEC. 849. BUY AMERICAN PROVISIONS.

(a) COMPLIANCE WITH BUY AMERICAN ACT.-No funds authorized to be appropriated pursuant to this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act.

(b) PROHIBITION OF CONTRACTS.— [10 U.S.C. 2410f note] If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a “Made in America” inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.

(c) 2 BUY AMERICAN ACT WAIVER.[41 U.S.C. 10b-2 note] (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 pur suant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. 3

(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.).

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2 A provision similar to section 849(c) is contained in section 8033 of the Department of Defense Appropriations Act, 2003 (P.L. 107–248), set forth on page 485.

3 For a provision requiring a report which indicates the dollar value of items for which the Buy American Act was waived pursuant to a memorandum of understanding described in section 849(c)(2), see section 827 of the National Defense Authorization Act for Fiscal Year 1997 (P.L. 104–201), set forth beginning on page 430.

TITLE XXIX-DEFENSE BASE CLOSURE

AND REALIGNMENT

Subtitle A–Base Closure Community

Assistance

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SEC. 2912. (10 U.S.C. 2687 note] PREFERENCE FOR LOCAL AND SMALL

BUSINESSES. (a) PREFERENCE REQUIRED.-In entering into contracts with private entities as part of the closure or realignment of a military installation under a base closure law, the Secretary of Defense shall give preference, to the greatest extent practicable, to qualified businesses located in the vicinity of the installation and to small business concerns and small disadvantaged business concerns. Contracts for which this preference shall be given shall include contracts to carry out activities for the environmental restoration and mitigation at military installations to be closed or realigned. (b) DEFINITIONS.—In this section:

(1) The term "small business concern” means a business concern meeting the requirements of section 3 of the Small Business Act (15 U.S.C. 632).

(2) The term "small disadvantaged business concern” means the business concerns referred to in section 8(d)(1) of such Act (15 U.S.C. 637(d)(1)).

(3) The term "base closure law" includes section 2687 of title 10, United States Code.

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DIVISION -DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

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SEC. 3159. (42 U.S.C. 7256] CONTRACT GOAL FOR SMALL DISADVAN

TAGED BUSINESSES AND CERTAIN INSTITUTIONS OF

HIGHER EDUCATION. (a) GOAL.-Except as provided in subsection (c), a goal of 5 percent of the amount described in subsection (b) shall be the objective of the Department of Energy in carrying out national security programs of the Department in each of fiscal years 1994 through 2000 for the total combined amount obligated for contracts and subcontracts entered into with

(1) small business concerns, including mass media and advertising firms, owned and controlled by socially and economically disadvantaged individuals (as such term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations issued under that section), the majority of the earnings of which directly accrue to such individuals;

(2) historically Black colleges and universities, including any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and

(3) minority institutions (as defined in section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which, for the purposes of this section, shall include Hispanicserving institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1))).

(b) AMOUNT.—(1) Except as provided in paragraph (2), the requirements of subsection (a) for any fiscal year apply to the combined total of the funds obligated for contracts entered into by the Department of Energy pursuant to competitive procedures for such fiscal year for purposes of carrying out national security programs of the Department.

(2) In computing the combined total of funds under paragraph (1) for a fiscal year, funds obligated for such fiscal year for contracts for naval reactor programs shall not be included. (c) APPLICABILITY.–Subsection (a) does not apply

(1) to the extent to which the Secretary of Energy determines that compelling national security considerations require otherwise; and

(2) if the Secretary notifies the Congress of such a determination and the reasons for the determination.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993

(P.L. 102–484, approved Oct. 23, 1992)

DIVISION A-DEPARTMENT OF
DEFENSE AUTHORIZATIONS

TITLE I-PROCUREMENT

Subtitle H–Armament Retooling and Manufacturing

Support Initiative SEC. 191. [10 U.S.C. 2501 note] SHORT TITLE.

This subtitle may be cited as the “Armament Retooling and Manufacturing Support Act of 1992”. SEC. 192. (10 U.S.C. 2501 note] POLICY. It is the policy of the United States

(1) to encourage, to the maximum extent practicable, nondefense commercial firms to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army;

(2) to use such facilities for supporting programs, projects, policies, and initiatives that promote competition in the private sector of the United States economy and that advance United States interests in the global marketplace;

(3) to increase the manufacture of products inside the United States that, to a significant extent, are manufactured outside the United States;

(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making more efficient and economical use of Government-owned industrial plants and equipment for commercial purposes;

(5) to provide, as appropriate, small businesses (including socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the United States;

(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;

(7) to foster a more efficient, cost-effective, and adaptable armaments industry in the United States;

(8) to achieve, with respect to armaments manufacturing capacity, an optimum level of readiness of the defense industrial base of the United States that is consistent with the projected threats to the national security of the United States and the projected emergency requirements of the Armed Forces of the United States; and

(9) to encourage facility contracting where feasible. SEC. 193. (10 U.S.C. 2501 note] ARMAMENT RETOOLING AND MANUFAC

TURING SUPPORT INITIATIVE. (a) AUTHORITY FOR INITIATIVE.—During fiscal years 1993 through 1998, the Secretary of the Army may carry out a program to be known as the “Armament Retooling and Manufacturing Support Initiative” (hereinafter in this subtitle referred to as the "ARMS Initiative").

(b) PURPOSES.—The purposes of the ARMS Initiative are as follows:

(1) To encourage commercial firms, to the maximum extent practicable, to use Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army for commercial purposes.

(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use such facilities for those purposes.

(3) To reduce the adverse effects of reduced Department of the Army spending that are experienced by States and communities by providing for such facilities to be used for commercial purposes that create jobs and promote prosperity.

(4) To provide for the reemployment and retraining of skilled workers who, as a result of the closing of such facilities, are idled or underemployed.

(5) To contribute to the attainment of economic stability in economically depressed regions of the United States where there are Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army.

(6) To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.

(7) To be a model for future defense conversion initiatives.

(8) To the maximum extent practicable, to allow the operation of Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army to be rapidly responsive to the forces of free market competition.

(9) Through the use of Government-owned, contractor-operated ammunition manufacturing facilities for commercial purposes, to encourage relocation of industrial production to the United States from outside the United States.

(c) AVAILABILITY OF FACILITIES.—The Secretary of the Army may make the Government-owned, contractor-operated ammunition manufacturing facilities of the Department of the Army available for the purposes of the ARMS Initiative. SEC. 194. (10 U.S.C. 2501 note] FACILITIES CONTRACTS.

(a) IN GENERAL.-In the case of each Government-owned, contractor-operated ammunition manufacturing facility of the Department of the Army that is made available for the ARMS Initiative,

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