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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations

NDAA Section

House Conference Report 110-477

SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES.

(a) Authority To Procure- The Secretary of Defense may procure fire resistant rayon fiber for the production of uniforms that is manufactured in a foreign country referred to in subsection (d) if the Secretary determines either of the following:

(1) That fire resistant rayon fiber for the production of uniforms is not available from sources within the national technology and industrial base.

(2) That--

(A) procuring fire resistant rayon fiber manufactured from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of fire resistant rayon fiber; and

(B) such sole-source contracts or subcontracts would not be in the best interests of the Government or consistent with the objectives of section 2304 of title 10, United States Code.

(b) Submission to Congress- Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination.

(c) Applicability to Subcontracts- The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts.

(d) Foreign Countries Covered- The authority under subsection (a) applies with respect to a foreign country that--

(1) is a party to a defense memorandum of understanding entered into under section 2531 of title 10, United States Code; and

(2) 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.

(e) National Technology and Industrial Base Defined- In this section, the term `national technology and industrial base' has the meaning given that term in section 2500 of title 10, United States Code.

(f) Sunset- The authority under subsection (a) shall expire on the date that is five years after the date of the enactment of this Act.

The Senate amendment contained a provision (sec. 827) that would authorize the continued procurement of fire resistant rayon fiber for the production of uniforms from foreign sources under certain conditions. The provision would expire 5 years after the date of the enactment of this Act.

The House bill contained no similar provision.

The House recedes