CONSOLIDATION AND REVISION OF LIMITATIONS ON PROCUREMENT OF GOODS OTHER THAN AMERICAN GOODS.

SEC. 814. CONSOLIDATION AND REVISION OF LIMITATIONS ON PROCUREMENT OF GOODS OTHER THAN AMERICAN GOODS. The text of section 2534 of title 10, United States Code, is amended to read as follows: “(a) Limitation on Certain Procurements.— The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b): “(1) Buses.— Multipassenger motor vehicles (buses). “(2) Chemical weapons antidote.— Chemical weapons antidote contained in automatic injectors (and components for such injectors). “(3) Air circuit breakers.— Air circuit breakers for naval vessels. “(4) Valves and machine tools.— Items in the following categories: “(A) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping for naval surface ships and submarines. “(B) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461. “(5) Ball bearings and roller bearings.— Ball bearings and roller bearings, in accordance with subpart 225.71 of part 225 of the Defense Federal Acquisition Regulation Supplement, as in effect on October 23, 1992. “(b) Manufacturer in the National Technology and Industrial Base.— “(1) General requirement.— A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base. “(2) Manufacturers of chemical weapons antidote.— In the case of a procurement of chemical weapons antidote referred to in subsection (a)(2), a manufacturer meets the requirements of this subsection only if the manufacturer— “(A) meets the requirement set forth in paragraph (i); “(B) is an existing producer under the industrial preparedness program at the time the contract is awarded; “(C) has received all required regulatory approvals; and “(D) when the contract for the procurement is awarded, has in existence in the national technology and industrial base the plant, equipment, and personnel necessary to perform the contract. “(c) Applicability to certain items.— 108 STAT. 2818 “(1) Air circuit breakers.— Subsection (a) does not apply to a procurement of spares or repair parts needed to support air circuit breakers produced or manufactured outside the United States. “(2) Valves and machine tools.— (A) Contracts to which subsection (a) applies include the following contracts for the procurement of items described in paragraph (4) of such subsection: “(i) A contract for procurement of such an item for use in property under the control of the Department of Defense, including any Government-owned, contractor-operated facility. “(ii) A contract that is entered into by a contractor on behalf of the Department of Defense for the purpose of providing such an item to another contractor as Government-furnished equipment. “(B) In any case in which a contract for items described in subsection (a)(4) includes the procurement of more than one Federal Supply Class of machine tools or machine tools and accessories, each supply class shall be evaluated separately for purposes of determining whether the limitation in subsection (a) applies. “(C) Subsection (a)(4) and this paragraph shall cease to be effective on October 1, 1996. “(3) Ball bearings and roller bearings.— Subsection (a)(5) and this paragraph shall cease to be effective on October 1, 1995. “(d) Waiver Authority.— The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement of an item listed in that subsection if the Secretary determines that any of the following apply: “(1) Application of the limitation would cause unreasonable costs or delays to be incurred. “(2) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country. “(3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country. “(4) Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title) are not available. “(5) Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title). “(6) The procurement is for an amount less than the simplified acquisition threshold and simplified purchase procedures are being used. “(7) Application of the limitation is not in the national security interests of the United States. 108 STAT. 2819 “(8) Application of the limitation would adversely affect a United States company. “(e) Sonobuoys.— “(1) Limitation.— The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country. “(2) Waiver authority.— The Secretary may waive the limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such procurement is in the national security interests of the United States. “(3) Definition.— In this subsection, the term “United States firm’ has the meaning given such term in section 2532(d)(1) of this title. “(f) Principle of Construction With Future Laws.— A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law— “(1) specifically refers to this section; “(2) specifically states that such provision of law modifies or supersedes the provisions of this section; and “(3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision of law is being awarded in contravention of this section.”.