Page:United States Statutes at Large Volume 112 Part 3.djvu/254

 112 STAT. 2084 PUBLIC LAW 105-261—OCT. 17, 1998 the head of the procuring activity granting the waiver determines that the requirement under that paragraph should be waived in the case of such subcontracts and justifies in writing the reasons for the determination.". 10 USC 2304 SEC. 806. PROCUREMENT OF CONVENTIONAL AMMUNITION. (a) AUTHORITY. — The official in the Department of Defense designated as the single manager for conventional ammunition in the Department shall have the authority to restrict the procurement of conventional ammunition to sources within the national technology and industrial base in accordance with the authority in section 2304(c) of title 10, United States Code. (b) REQUIREMENT.— The official in the Department of Defense designated as the single manager for conventional ammunition in the Department of Defense shall limit a specific procurement of ammunition to sources within the national technology and industrial base in accordance with section 2304(c)(3) of title 10, United States Code, in any case in which that manager determines that such limitation is necessary to maintain a facility, producer, manufacturer, or other supplier available for furnishing an essential item of ammunition or ammunition component in cases of national emergency or to achieve industrial mobilization. (c) CONVENTIONAL AMMUNITION DEFINED. —For purposes of this section, the term "conventional ammunition" has the meaning given that term in Department of Defense Directive 5160.65, dated March 8, 1995. SEC. 807. PARA-ARAMID FIBERS AND YARNS. (a) AUTHORITY.— The Secretary of Defense may procure articles containing para-aramid fibers and yams manufactured in a foreign country referred to in subsection (d) if the Secretary determines that— (1) procuring articles that contain only para-aramid fibers and yams manufactured from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of such para-aramid fibers and yams; and (2) 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. AppKcabmty. (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 this title; and (2) permits United States firms that manufacture paraaramid fibers and yams to compete with foreign firms for the sale of para-aramid fibers and yarns in that country, as determined by the Secretary of Defense. (e) DEFINITION. — 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.

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