Sec. 851. Transparency in acquisition waivers issued by the Department of Defense
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/bill/118/s/4638/rs/section-851·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the policy of the United States to build and maintain a robust national security industrial base and supply chain free from materials, parts, supplies, major end items, and services procured from adversarial nations. The Assistant Secretary of Defense for Industrial Base Policy shall publish all non-sensitive information regarding waivers granted by the Department of Defense on a publicly accessible website. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue procedures and guidance requiring the Office of the Secretary of Defense, military departments and services, defense agencies, and field activities to provide to the Assistant Secretary of Defense for Industrial Base Policy all waiver information necessary to comply with this section.
Not later than October 1, 2025, and annually thereafter for 10 years, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate congressional committees a detailed briefing of all waivers granted by the Department of Defense in the previous calendar year. Each briefing required by subsection
(d)shall be submitted in unclassified form, but may include a classified annex. The classified annex shall include all sensitive information not included in the unclassified form or disclosed publicly as required under subsection (b), including aggregate details of— the number of active waivers; the types of materials, parts, supplies, major end items, and services procured under what waiver; the authority under which active waivers have been issued and when they were last granted; the total cost of all materials, parts, supplies, major end items, and services procured under a waiver from adversarial nations during the last fiscal year and since such waiver was originally granted; and the adversarial nation that any materials, parts, supplies, major end items, or services are being procured from under a waiver. In this section: The term adversarial nation means China, Russia, Iran, or North Korea. The term appropriate congressional committees means the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The term waiver means any waiver, national security waiver, or domestic non-availability determination granted by any official of the Department of Defense for the procurement, acquisition, or sustainment of any materials, parts, supplies, major end items, or services.