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41 USC § 8304 - Waiver rescission

---
identifier: "/us/usc/t41/s8304"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 8304 - Waiver rescission"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "8304"
section_name: "Waiver rescission"
chapter_number: 83
chapter_name: "BUY AMERICAN"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.)"
---

# § 8304. Waiver rescission

**(a)** **Type of Agreement.—** An agreement referred to in subsection (b) is a reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived this chapter for certain products in that country.

**(b)** **Determination by Secretary of Defense.—** If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country that is party to an agreement described in subsection (a) has violated 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 this chapter with respect to those types of products produced in that country.

---

**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3833.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8304(a) | 41:10b–2(a)(2), (b). | Pub. L. 103–160, div. A, title VIII, § 849(c), (d), Nov. 30, 1993, 107 Stat. 1725. |
| 8304(b) | 41:10b–2(a)(1). |  |

In subsection (a), the text of 41:10b–2(b) is omitted as unnecessary.

## Statutory Notes and Related Subsidiaries

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