Pub. L. 108-136, div. A, tit. VIII, subtit. B, pt. I, sec. 812
ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES.
SEC. 812. ASSESSMENT OF UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES.(a) Assessment Program.—(1) The Secretary of Defense shall establish a program to assess—(A) the degree to which the United States is dependent on foreign sources of supply; and(B) the capabilities of the United States defense industrial base to produce military systems necessary to support the national security objectives set forth in section 2501 of title 10, United States Code.(2) For purposes of the assessment program, the Secretary shall use existing data, as required under subsection (b), and submit an annual report, as required under subsection (c).(b) Use of Existing Data.—(1) At a minimum, with respect to each prime contract with a value greater than $25,000 for the procurement of defense items and components, the following information from existing sources shall be used for purposes of the assessment program:(A) Whether the contractor is a United States or foreign contractor. 117 STAT. 1543(B) The principal place of business of the contractor and the principal place of performance of the contract. (C) Whether the contract was awarded on a sole source basis or after receipt of competitive offers.(D) The dollar value of the contract.(2) The Federal Procurement Data System described in section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A)), or any successor system, shall collect from contracts described in paragraph (1) the information specified in that paragraph.(3) Information obtained in the implementation of this section is subject to the same limitations on disclosure, and penalties for violation of such limitations, as is provided under section 2507 of title 10, United States Code. Such information also shall be exempt from release under section 552 of title 5, United States Code.(4) 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.(c) Annual Report.—(1) Not later than February 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment program covering the preceding fiscal year. The first report under this subsection shall cover fiscal year 2004 and shall be submitted to the Committees no later than February 1, 2005. (2)(A) The report shall include the following with respect to contracts described in subsection (b):(i) The total number and value of such contracts awarded by the Department of Defense.(ii) The total number and value of such contracts awarded on a sole source basis.(iii) The total number and value of contracts described in clause (ii) awarded to foreign contractors, summarized by country.(iv) The total number and value of contracts awarded to foreign contractors through competitive procedures, summarized by country.(B) The report also shall include—(i) the status of the matters described in subparagraphs (A) and (B) of subsection (a)(1); (ii) the status of implementation of successor procurement data management systems; and(iii) such other matters as the Secretary considers appropriate.