Page:United States Statutes at Large Volume 117.djvu/1563

 117 STAT. 1544

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VerDate 11-MAY-2000

10:15 Aug 27, 2004

PUBLIC LAW 108–136—NOV. 24, 2003

(A) the essential items, assemblies, and components of the system that are active items, assemblies, and components; (B) foreign and domestic sources of supply for active items, assemblies, and components of the system; (C) the active items, assemblies, and components of the system that are commercial; and (D) Federal Supply Class and North American Industry Classification System Codes for active items, assemblies, and components of the system. (2) Any modification to the logistics management system or any successor system of the Department of Defense shall maintain the capability to identify— (A) essential items, assemblies, and components described in paragraph (1)(A); (B) foreign and domestic sources of supply for active items, assemblies, and components; (C) the active items, assemblies, and components of the system that are commercial; and (D) Federal Supply Class and North American Industry Classification System Codes for active items, assemblies, and components. (3) For purposes of meeting the requirements set forth in this section, the Secretary of Defense may not require the provision of information beyond the information that is currently provided to the Department of Defense through existing data collection systems by non-Federal entities with respect to contracts and subcontracts with the Department of Defense or any military department. (b) MILITARY SYSTEM ESSENTIAL ITEM BREAKOUT LIST.—The Secretary of Defense shall produce a list, to be known as the ‘‘military system essential item breakout list’’, consisting of the items, assemblies, and components identified under subsection (a)(1)(A). In producing the list, the Secretary of Defense shall consider the results of the report under subsection (c). (c) ASSESSMENT.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense, acting through a federally funded research and development center, shall prepare a report that— (1) assesses the criteria that should be used for identifying whether an item, assembly, or component is essential to a military system; and (2) recommends which items, assemblies, and components should be included on the military system essential item breakout list under subsection (b). (d) REPORT.—(1) Not later than November 1 of each year, beginning with November 1, 2005, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section. The report may be submitted in classified and unclassified form. (2) The report shall include the following: (A) A list of each military system covered by the process established under subsection (a). (B) A list of the items, assemblies, and components on the military system essential item breakout list that are manufactured or produced outside the United States, setting forth military and commercial separately.

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