Page:United States Statutes at Large Volume 120.djvu/2366

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2335

(B) The Committees on Armed Services and on Government Reform of the House of Representatives.

Subtitle D—United States Defense Industrial Base Provisions SEC. 841. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.

Section 812 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended— (1) by amending the heading to read as follows: ‘‘SEC. 812. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.’’;

(2) by adding at the end of subsection (c)(2)(A) the following new clauses: ‘‘(v) The dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States. ‘‘(vi) An itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act (41 U.S.C. 10a et seq.). ‘‘(vii) A summary of— ‘‘(I) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and ‘‘(II) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States.’’; and (3) by adding at the end the following new subsections: ‘‘(d) PUBLIC AVAILABILITY.—The Secretary of Defense shall make the report submitted under subsection (c) publicly available to the maximum extent practicable. ‘‘(e) APPLICABILITY.—This section shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as set forth in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. SEC. 842. PROTECTION OF STRATEGIC MATERIALS CRITICAL TO NATIONAL SECURITY.

(a) REQUIREMENT TO BUY FROM AMERICAN SOURCES.— (1) IN GENERAL.—Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533a the following new section: ‘‘§ 2533b. Requirement to buy strategic materials critical to national security from American sources; exceptions ‘‘(a) REQUIREMENT.—Except as provided in subsections (b) through (j), funds appropriated or otherwise available to the Department of Defense may not be used for procurement of—

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