Sec. 112. Limitation on procurement of end items containing energetic materials pending certification on domestic production capacity
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The Secretary of the Army may not procure, from a covered source, an end item containing energetic materials that are in production at a Federal Government-owned production facility until the date on which the Secretary submits to the congressional defense committees— a certification from the Secretary indicating that Federal Government-owned production facilities for such materials in the United States have reached production capacity; a summary of the information on which such certification is based. The Secretary of the Army may waive the limitation under subsection
(a)with respect to an end item for a period of up to one fiscal year if the Secretary determines that the waiver is necessary for reasons of national security. Whenever the Secretary makes such a waiver, the Secretary shall notify the congressional defense committees of the waiver and the reasons for the waiver. In this section: The term covered source means any provider of energetic materials outside of the United States. The term end item has the meaning given that term in section 4863(m) of title 10, United States Code. The term energetic materials means critical chemicals and formulations that— release large amounts of stored chemical energy; and are capable of being used as explosives, propellants, pyrotechnics, and reactive materials that create lethal effects in warheads in kinetic weapons components and systems.