2004 US Code
Title 41 - PUBLIC CONTRACTS
CHAPTER 1 - GENERAL PROVISIONS
Sec. 10b-2 - Limitation on authority to waive Buy American Act requirement
View Metadata| Publication Title | United States Code, 2000 Edition, Supplement 4, Title 41 - PUBLIC CONTRACTS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS Sec. 10b-2 - Limitation on authority to waive Buy American Act requirement |
| Contains | section 10b-2 |
| Date | 2004 |
| Laws in Effect as of Date | January 3, 2005 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 103-160, div. A, title VIII, §849(c), (d), Nov. 30, 1993, 107 Stat. 1725. |
| Statutes at Large References | 47 Stat. 1520 103 Stat. 1504 105 Stat. 1205, 1447 106 Stat. 1924 107 Stat. 1725, 1455 108 Stat. 2631, 3382 109 Stat. 662 110 Stat. 3009-71 111 Stat. 1229 112 Stat. 2305 113 Stat. 1239 114 Stat. 682 115 Stat. 2255 116 Stat. 1544 117 Stat. 1079 118 Stat. 977 |
| Public Law References | Public Law 101-189, Public Law 102-172, Public Law 102-190, Public Law 102-396, Public Law 103-139, Public Law 103-160, Public Law 103-335, Public Law 103-355, Public Law 104-61, Public Law 104-208, Public Law 105-56, Public Law 105-262, Public Law 106-79, Public Law 106-259, Public Law 107-117, Public Law 107-248, Public Law 108-87, Public Law 108-287 |
§10b–2. Limitation on authority to waive Buy American Act requirement (a) 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.
(b) DefinitionFor 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. 103–160, div. A, title VIII, §849(c), (d), Nov. 30, 1993, 107 Stat. 1725.)
References in TextThe 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.
CodificationSubsecs. (a) and (b) were in the original subsecs. (c) and (d), respectively, and were editorially redesignated for purposes of codification.
Pub. L. 103–160, §849(c), (d), which comprises this section, was formerly set out as a note under this section.
Similar ProvisionsProvisions similar to those in this section and section 10b–3 of this title were contained in the following acts:
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.
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.
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