may reduce the amount of defense equipment that a country may purchase. "(6) The exporting of defense equipment produced in the United States is important to maintain the defense industrial base of the United States, lower the unit cost of such equipment to the Department of Defense, and encourage the standardized utilization of United States equipment by the allies of the United States." NEGOTIATIONS WITH COUNTRies Requiring Offset Section 825(c) of Pub. L. 100-456, as amended by Pub. L. 101-189, div. A, title VIII, § 816, Nov. 29, 1989, 103 Stat. 1501, provided that: "(1) The President shall enter into negotiations with foreign countries that have a policy of requiring an offset arrangement in connection with the purchase of defense equipment or supplies from the United States. The negotiations should be conducted with a view to achieving an agreement with the countries concerned that would limit the adverse effects that such arrangements have on the defense industrial base of each such country. Every effort shall be made to achieve such agreements within two years after September 29, 1988. (2) In the negotiation or renegotiation of any memorandum of understanding between the United States and one or more foreign countries relating to the reciprocal procurement of defense equipment and supplies or research and development, the President shall make every effort to achieve an agreement with the country or countries concerned that would limit the adverse effects that offset arrangements have on the defense industrial base of the United States." [For delegation of functions of President under section 825(c) of Pub. L. 100-456 to Secretary of Defense and United States Trade Representative, see section 5-201 of Ex. Ord. No. 12661, 54 F.R. 779, set out as a note under section 2901 of Title 19, Customs Duties.] REPORT TO CONGRESS ON OFFSET ARRANGEMENTS RE- Section 825(d) of Pub. L. 100-456 provided that: "(1) Not later than November 15, 1988, the President shall submit to Congress a comprehensive report on contractual offset arrangements required of United States firms for the supply of weapon systems or defense-related items to foreign countries or foreign firms. Such report shall include, at a minimum, the following: "(A) An analysis of the amount and type of contractual offsets required of United States firms by the governments of foreign countries or by foreign firms. "(B) An assessment of the benefits for and costs to United States manufacturers of defense products at all tiers that result from requirements of foreign governments for contractual offset arrangements in the case of products procured from United States firms. "(C) An assessment of the benefits for and the costs to United States manufacturers of defense products at all tiers that would result from restriction of the ability of foreign governments or foreign firms to require contractual offsets in the case of defense products procured from United States firms. "(D) An assessment of the benefits and costs of a United States policy that requires reciprocal offsets in the procurement of defense products from those countries whose governments have a policy of requiring contractual offsets in the case of defense products procured from United States firms. "(E) An assessment of the impact that elimination of contractual offset requirements in international sales of defense products would have on the national security of the United States. "(F) Recommendations for a national policy with respect to contractual offset arrangements. "(G) A preliminary discussion of the actions referred to in paragraph (2). (2) Not later than March 15, 1990, the President shall transmit to Congress a report containing a discussion of appropriate actions to be taken by the United States with respect to purchases from United States firms by a foreign country (or a firm of that country) when that country or firm requires an offset arrangement in connection with the purchase of de fense equipment or supplies in favor of such country. The report shall include a discussion of the following possible actions: "(A) A requirement for an offset in favor of the United States or United States firms in any case in which the Department of Defense or any other de partment or agency of the United States purchases goods from such foreign country or a firm of such country. "(B) A demand for offset credits from such foreign country to be used, to the extent practicable, to meet offset obligations of United States firms to such foreign country or to a firm of such country. "(C) A reduction in assistance furnished such for. eign country by the United States. "(D) A requirement for alternative equivalent ad vantages in the case of any such foreign country or a firm of such country if the United States does not purchase a sufficient volume of goods from such country or firm for a requirement described in subparagraph (A) to be effective. "(3) The President shall report to Congress at least once each year, for a period of 4 years, on the progress of the negotiations referred to in subsection (c) [set out above]. The first such report shall be submitted not later than one year after the date of the enact ment of this Act [Sept. 29, 1988). "(4) In this subsection, the terms 'United States firm' and 'foreign firm' have the same meanings as are provided in section 2505(d) [now 2532(d)] of title 10. United States Code, as added by subsection (b)." [For delegation of functions of President under sec tion 825(d) of Pub. L. 100-456 to Director of Office of Management and Budget, see section 5-202 of Ex. Ord. No. 12661, 54 F.R. 779, set out as a note under section 2901 of Title 19, Customs Duties.] SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2534 of this title. § 2533. Determinations of public interest under the Buy American Act (a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the "Buy American Act", whether application of title III of such Act is inconsistent with the public interest, the Secre tary of Defense shall consider the following: (1) The bids or proposals of small business firms in the United States which have offered to furnish American goods. (2) The bids or proposals of all other firms in the United States which have offered to furnish American goods. (3) The United States balance of payments. (4) The cost of shipping goods which are other than American goods. (5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods. (6) A need to ensure that the Department of Defense has access to advanced, state-ofthe-art commercial technology. 'See References in Text note below. (7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base. (8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States. (9) Any need (A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or (B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base. (10) The national security interests of the United States. (b) In this section, the term "goods which are other than American goods" means (1) an end product that is not mined, produced, or manufactured in the United States; or (2) an end product that is manufactured in the United States but which includes components mined, produced, or manufactured outside the United States the aggregate cost of which exceeds the aggregate cost of the components of such end product that are mined, produced, or manufactured in the United States. (Added Pub. L. 100-370, § 3(a)(1), July 19, 1988, 102 Stat. 855, § 2501; renumbered § 2506, Pub. L. 100-456, div. A, title VIII, § 821(b)(1)(A), Sept. 29, 1988, 102 Stat. 2014; renumbered § 2533, Pub. L. 102-484, div. D, title XLII, § 4202(a), Oct. 23, 1992, 106 Stat. 2659; Pub. L. 103-337, div. A, title VIII, § 812(a), (b)(1), Oct. 5, 1994, 108 Stat. 2815, 2816.) HISTORICAL and RevisiON NOTES Section is based on Pub. L. 93-365, title VII, § 707, Aug. 5, 1974, 88 Stat. 406. REFERENCES IN TEXT Title III of the Act of March 3, 1993, popularly known as the "Buy American Act", referred to in subsec. (a), probably means title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted sections 10a, 10b, 10b-1, and 10c of Title 41, Public Contracts, and enacted provisions set out as notes under section 10c of Title 41. Section 2 of the Act is classified to section 10a of Title 41. For complete classification of this Act to the Code, see Short Title note set out under section 10a of Title 41 and Tables. AMENDMENTS 1994-Pub. L. 103-337, § 812(b)(1), substituted "Determinations of public interest under the Buy American Act" for "Limitation on use of funds: procurement of goods which are other than American goods" as section catchline. Subsec. (a). Pub. L. 103-337, § 812(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "Funds appropriated to the Department of Defense may not be obligated under a contract for procurement of goods which are other than American goods (as defined in subsection (c)) unless adequate consideration is given to the following: "(1) The bids or proposals of firms located in labor surplus areas in the United States (as designated by the Department of Labor) which have offered to furnish American goods. "(2) The bids or proposals of small business firms in the United States which have offered to furnish American goods. "(3) The bids or proposals of all other firms in the United States which have offered to furnish American goods. "(4) The United States balance of payments. "(5) The cost of shipping goods which are other than American goods. "(6) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods." Subsecs. (b), (c). Pub. L. 103-337, § 812(a), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "Consideration of the matters referred to in paragraphs (1) through (6) of subsection (a) shall be given under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933 (41 U.S.C. 10a, 10b), popularly known as the 'Buy American Act'." 1992-Pub. L. 102-484 renumbered section 2506 of this title as this section. § 2534. Miscellaneous limitations on the procurement of goods other than United States goods (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 (1); (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. (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. (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 manu. facturing 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. (g) INAPPLICABILITY TO CONTRACTS UNDER SIM. PLIFIED ACQUISITION THRESHOLD.-This section does not apply to a contract or subcontract for an amount that does not exceed the simplified acquisition threshold. (Added Pub. L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1294, § 2400; amended Pub. L. 100-180, div. A, title I, § 124(a), (b)(1), title VIII, § 824(a), Dec. 4, 1987, 101 Stat. 1042, 1043, 1134; renum bered § 2502 and amended Pub. L. 100-370, § 3(b)(1), July 19, 1988, 102 Stat. 855; renumbered § 2507 and amended Pub. L. 100-456, div. A, title VIII, §§ 821(b)(1)(A), 822, Sept. 29, 1988, 102 Stat. 2014, 2017; Pub. L. 101-510, div. A title VIII, § 835(a), title XIV, § 1421, Nov. 5, 1990, 104 Stat. 1614, 1682; Pub. L. 102-190, div. A, title VIII, §§ 834, 835, Dec. 5, 1991, 105 Stat. 1447, 1448; renumbered § 2534 and amended Pub. L. 102-484, div. A, title VIII, §§ 831, 833(a), title X, § 1052(33), div. D, title XLII, §§ 4202(a), 4271(b)(4), Oct. 23, 1992, 106 Stat. 2460, 2461, 2501, 2659, 2696; Pub. L. 103-160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-337, div. A, title VIII, § 814, Oct. 5, 1994, 108 Stat. 2817; Pub. L. 103-355, title IV, § 4102(i), Oct. 13, 1994, 108 Stat. 3341.) HISTORICAL AND REVISION NOTES 1994-Pub. L. 103-337 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to acquisition of multipassenger motor vehicles, chemical weapons antidote, valves and machine tools, carbonyl iron powders, air circuit breakers, and sonobuoys. Subsec. (g). Pub. L. 103-355 added subsec. (g). 1993-Subsec. (b)(2). Pub. L. 103-160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition". 1992-Pub. L. 102-484, §§ 4202(a), 4271(b)(4), renumbered section 2507 of this title as this section and substituted "Miscellaneous limitations on the procurement of goods other than United States goods" for "Miscellaneous procurement limitations" in section catchline. Subsec. (c). Pub. L. 102-484, § 831, redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "MANUAL TYPEWRITERS FROM WARSAW PACT COUNTRIES.-Funds appropriated to or for the use of the Department of Defense may not be used for the procurement of manual typewriters which contain one or more components manufactured in a country which is a member of the Warsaw Pact unless the products of that country are accorded nondiscriminatory treatment (most-favored-nation treatment)." Subsec. (d). Pub. L. 102-484, § 831(b), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(3)(A). Pub. L. 102-484, § 1052(33), substituted "Government-owned" for "government-owned". Subsec. (e). Pub. L. 102-484, § 831(b), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 102-484, § 833(a), added subsec. (f). Former subsec. (f) redesignated (e). 1991-Subsec. (d)(1). Pub. L. 102-190, § 834(a), substituted "Effective through fiscal year 1996" for "During fiscal years 1989, 1990, and 1991". Subsec. (d)(3) to (5). Pub. L. 102-190, § 834(b), added pars. (3) and (4), redesignated former par. (3) as (5), and struck out former par. (4) which read as follows: "The provisions of this section may be renewed with respect to any item by the Secretary of Defense at the end of fiscal year 1991 for an additional two fiscal years if the Secretary determines that a continued restriction on that item is in the national security interest." Subsec. (e)(1). Pub. L. 102-190, § 835(1), substituted "Until January 1, 1993, the Secretary" for "The Secretary". Subsec. (e)(3). Pub. L. 102-190, § 835(2), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "After September 30, 1994, the Secretary may terminate the restriction required under paragraph (1) if the Secretary determines that continuing the restriction is not in the national interest." Subsec. (e)(3)(A). Pub. L. 102-190, § 835(3), struck out before period "by an entity more than 50 percent of which is owned or controlled by citizens of the United States or Canada". Subsec. (e)(4). Pub. L. 102–190, § 835(4), redesignated par. (4) as (3). 1990-Subsec. (e). Pub. L. 101-510, § 835(a), added subsec. (e). Subsec. (f). Pub. L. 101-510, § 1421, added subsec. (f). 1988-Pub. L. 100-370, and Pub. L. 100-456, § 821(b)(1)(A), successively renumbered section 2400 of this title as section 2502 of this title and then as this section. Subsec. (a). Pub. L. 100-370 substituted "this subsection" for "this section". Subsec. (d). Pub. L. 100-456, § 822, added subsec. (d). 1987-Pub. L. 100-180 substituted "Miscellaneous procurement limitations" for "Limitation on procurement of buses" in section catchline, designated existing provisions as subsec. (a) and added heading, and added subsecs. (b) and (c). EFFECTIVE DATE OF 1994 Amendment For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41, Public Contracts. EFFECTIVE DATE OF 1992 AmendmenT Section 833(b) of Pub. L. 102-484 provided that: "Subsection (f) of section 2534 of title 10, United States Code, as added by subsection (a), shall apply with respect to solicitations for contracts issued after the expiration of the 120-day period beginning on the date of the enactment of this Act [Oct. 23, 1992]." EFFECTIVE DATE OF 1990 AMENDMENT Section 835(b) of Pub. L. 101-510 provided that subsec. (e) of this section, as added by section 835(a) of Pub. L. 101-510, applied with respect to systems or items procured by or provided to Department of Defense after Nov. 5, 1990. § 2535. Defense Industrial Reserve (a) DECLARATION OF PURPOSE AND POLICY.-It is the intent of Congress (1) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the Armed Forces in time of national emergency or in anticipation thereof; (2) that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become excess to such requirements shall be disposed of as expeditiously as possible; (3) that to the maximum extent practicable, reliance will be placed upon private industry for support of defense production; and (4) that machine tools and other industrial manufacturing equipment may be held in plant equipment packages or in a general reserve to maintain a high state of readiness for production of critical items of defense materiel, to provide production capacity not available in private industry for defense materiel, or to assist private industry in time of national disaster. (b) POWERS AND DUTIES OF THE SECRETARY OF DEFENSE.-(1) To execute the policy set forth in this section, the Secretary is authorized and directed to (A) determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the defense industrial reserve; (B) designate what excess industrial property shall be disposed of; (C) establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property; (D) direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies; (E) direct the leasing of any of such property to designated lessees; (F) authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and (G) notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest. (2)(A) The Secretary of a military department to which equipment or other property is transferred from the Defense Industrial Reserve shall reimburse appropriations available for the purposes of the Defense Industrial Reserve for the full cost (including direct and indirect costs) of (i) storage of such property; (ii) repair and maintenance of such property; and (iii) overhead allocated to such property. (B) The Secretary of Defense shall prescribe regulations establishing general policies and fee schedules for reimbursements under subparagraph (A). (c) DEFINITIONS.-In this section: (1) The term "Secretary" means Secretary of Defense. (2) The term "Defense Industrial Reserve" means (A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use; (B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Governmentowned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; (C) those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or agency of the Government and which should be sold, leased, or otherwise disposed of. (3) The term "plant equipment package" means a complement of active and idle ma chine tools and other industrial manufactur ing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce par ticular defense materiel or defense supporting items at a specific level of output in the event of emergency. (Added and amended Pub. L. 102-484, div. D. title XLII, § 4235, Oct. 23, 1992, 106 Stat. 2690; Pub. L. 103-35, title II, § 201(c)(8), May 31, 1993, 107 Stat. 98; Pub. L. 103-337, div. A, title III, § 379(a), Oct. 5, 1994, 108 Stat. 2737.) REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1)(G), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title II of the Act, is classified principally to subchapter II (§ 481 et seq.) of chapter 10 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. CODIFICATION The text of section 451 of Title 50, War and National Defense, which was transferred to this section, desig nated subsec. (a), and amended by Pub. L. 102-484. § 4235(a)(2), was based on acts July 2, 1948, ch. 811, § 2, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617. The text of section 453 of Title 50 which was transferred to this section, designated subsec. (b), and amended by Pub. L. 102-484, § 4235(a)(3), was based on acts July 2, 1948, ch. 811, § 4, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617; Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, § 1359(a). 100 Stat. 3999. For effective date of 1986 amendment. see section 1359(b) of Pub. L. 99-661. The text of section 452 of Title 50 which was transferred to this section, designated subsec. (c), and amended by Pub. L. 102-484, § 4235(b), was based on acts July 2, 1948, ch. 811, § 3, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93-155, title VIII, § 809, 87 Stat. 617. AMENDMENTS 1994-Subsec. (b)(1)(G). Pub. L. 103-337 amended subpar. (G) generally. Prior to amendment, subpar (G) read as follows: "authorize and regulate the lend ing of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to na tional defense, and (ii) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary." 1993-Subsec. (b)(2)(B). Pub. L. 103-35 substituted "subparagraph (A)" for "paragraph (1)". 1992-Pub. L. 102-484, § 4235(a), added section number and catchline. Subsec. (a). Pub. L. 102-484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National |