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(A) The methods used by executive agencies to identify 
a contract as an advisory and assistance services contract, 
as defined in section 303I(i) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253i(i)). 
(B) The number of such contracts awarded by each 
executive agency during the five-year period preceding the 
date of the enactment of this Act. 
(C) The average annual expenditures by each executive 
agency for such contracts. 
(D) The average length of such contracts. 
(E) The number of such contracts recompeted and 
awarded to the previous award winner. 
(4) PROHIBITION ON USE OF AUTHORITY BY EXECUTIVE AGEN-
CIES
IF
REPORT
NOT
SUBMITTED.—The head of an executive 
agency may not issue a waiver under paragraph (1) if the 
report required by paragraph (3) is not submitted by the date 
set forth in that paragraph. 
(c) TERMINATION OF AUTHORITY.—A waiver may not be issued 
under this section after December 31, 2011. 
(d) COMPTROLLER GENERAL REVIEW.—
(1) REPORT REQUIREMENT.—Not later than one year after 
the date of the enactment of this Act, the Comptroller General 
shall submit to the committees described in paragraph (3) a 
report on the use of advisory and assistance services contracts 
by the Federal Government. 
(2) DEFENSE AND CIVILIAN AGENCY CONTRACTS COVERED.—
The report shall cover both of the following: 
(A) Advisory and assistance services contracts as 
defined in section 2304b of title 10, United States Code. 
(B) Advisory and assistance services contracts as 
defined in section 303I(i) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253i(i)). 
(3) MATTERS COVERED.—The report shall address the fol-
lowing issues: 
(A) The extent to which executive agencies and ele-
ments of the Department of Defense require advisory and 
assistance services for periods of greater than five years. 
(B) The extent to which such advisory and assistance 
services are provided by the same contractors under recur-
ring contracts. 
(C) The rationale for contracting for advisory and 
assistance services that will be needed on a continuing 
basis, rather than performing the services inside the Fed-
eral Government. 
(D) The contract types and oversight mechanisms used 
by the Federal Government in contracts for advisory and 
assistance services and the extent to which such contract 
types and oversight mechanisms are adequate to protect 
the interests of the Government and taxpayers. 
(E) The actions taken by the Federal Government to 
prevent organizational conflicts of interest and improper 
personal services contracts in its contracts for advisory 
and assistance services. 
(4) COMMITTEES.—The committees described in this para-
graph are the following: 
(A) The Committees on Armed Services and on Home-
land Security and Governmental Affairs of the Senate.
H. R. 5122—253
(B) The Committees on Armed Services and on Govern-
ment 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 ACQUISI-
TIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANU-
FACTURED 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 ACQUISI-
TIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANU-
FACTURED 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; excep-
tions 
‘‘(a) REQUIREMENT.—Except as provided in subsections (b) 
through (j), funds appropriated or otherwise available to the Depart-
ment of Defense may not be used for procurement of—
H. R. 5122—254
‘‘(1) the following types of end items, or components thereof, 
containing a specialty metal not melted or produced in the 
United States: aircraft, missile and space systems, ships, tank 
and automotive items, weapon systems, or ammunition; or 
‘‘(2) a specialty metal that is not melted or produced in 
the United States and that is to be purchased directly by 
the Department of Defense or a prime contractor of the Depart-
ment. 
‘‘(b) AVAILABILITY EXCEPTION.—(1) Subsection (a) does not apply 
to the extent that the Secretary of Defense or the Secretary of 
the military department concerned determines that compliant spe-
cialty metal of satisfactory quality and sufficient quantity, and 
in the required form, cannot be procured as and when needed. 
For purposes of the preceding sentence, the term ‘compliant spe-
cialty metal’ means specialty metal melted or produced in the 
United States. 
‘‘(2) This subsection applies to prime contracts and subcontracts 
at any tier under such contracts. 
‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.—Subsection (a) 
does not apply to the following: 
‘‘(1) Procurements outside the United States in support 
of combat operations or in support of contingency operations. 
‘‘(2) Procurements for which the use of procedures other 
than competitive procedures has been approved on the basis 
of section 2304(c)(2) of this title, relating to unusual and compel-
ling urgency of need. 
‘‘(d) EXCEPTION RELATING
TO AGREEMENTS WITH FOREIGN 
GOVERNMENTS.—Subsection (a)(1) does not preclude the procure-
ment of a specialty metal if—
‘‘(1) the procurement is necessary—
‘‘(A) to comply with agreements with foreign govern-
ments requiring the United States to purchase supplies 
from foreign sources for the purposes of offsetting sales 
made by the United States Government or United States 
firms under approved programs serving defense require-
ments; or 
‘‘(B) in furtherance of agreements with foreign govern-
ments in which both such governments agree to remove 
barriers to purchases of supplies produced in the other 
country or services performed by sources of the other 
country; and 
‘‘(2) any such agreement with a foreign government com-
plies, where applicable, with the requirements of section 36 
of the Arms Export Control Act (22 U.S.C. 2776) and with 
section 2457 of this title. 
‘‘(e) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER 
NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does 
not apply to items purchased for resale purposes in commissaries, 
exchanges, and nonappropriated fund instrumentalities operated 
by the Department of Defense. 
‘‘(f) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does 
not apply to procurements in amounts not greater than the sim-
plified acquisition threshold referred to in section 2304(g) of this 
title. 
‘‘(g) EXCEPTION FOR PURCHASES OF ELECTRONIC COMPONENTS.—
Subsection (a) does not apply to procurements of commercially 
available electronic components whose specialty metal content is
H. R. 5122—255
de minimis in value compared to the overall value of the lowest 
level electronic component produced that contains such specialty 
metal. 
‘‘(h) APPLICABILITY TO PROCUREMENTS OF COMMERCIAL ITEMS.—
This section applies to procurements of commercial items notwith-
standing section 34 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 430). 
‘‘(i) SPECIALTY METAL DEFINED.—In this section, the term ‘spe-
cialty metal’ means any of the following: 
‘‘(1) Steel—
‘‘(A) with a maximum alloy content exceeding one or 
more of the following limits: manganese, 1.65 percent; sil-
icon, 0.60 percent; or copper, 0.60 percent; or 
‘‘(B) containing more than 0.25 percent of any of the 
following elements: aluminum, chromium, cobalt, colum-
bium, molybdenum, nickel, titanium, tungsten, or vana-
dium. 
‘‘(2) Metal alloys consisting of nickel, iron-nickel, and cobalt 
base alloys containing a total of other alloying metals (except 
iron) in excess of 10 percent. 
‘‘(3) Titanium and titanium alloys. 
‘‘(4) Zirconium and zirconium base alloys. 
‘‘(j) ADDITIONAL DEFINITIONS.—In this section: 
‘‘(1) The term ‘United States’ includes possessions of the 
United States. 
‘‘(2) The term ‘component’ has the meaning provided in 
section 4 of the Office of Federal Procurement Policy Act (41 
U.S.C. 403).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such subchapter is amended by adding at the 
end the following new item:
‘‘2533b. Requirement to buy strategic materials critical to national security from 
American sources; exceptions.’’.
(3) CONFORMING AMENDMENTS.—Section 2533a of title 10, 
United States Code, is amended—
(A) by striking paragraph (2) of subsection (b) and 
redesignating paragraph (3) of such subsection as para-
graph (2); 
(B) in subsection (c), by striking ‘‘or specialty metals 
(including stainless steel flatware)’’; and 
(C) in subsection (e)—
(i) by striking ‘‘SPECIALTY METALS
AND’’ in the 
heading; and 
(ii) by striking ‘‘specialty metals or’’. 
(4) EFFECTIVE DATES.—
(A) Section 2533b of title 10, United States Code, as 
added by paragraph (1), shall apply with respect to con-
tracts entered into after the date occurring 30 days after 
the date of the enactment of this Act. 
(B) The amendments made by paragraph (3) shall take 
effect on the date occurring 30 days after the date of 
the enactment of this Act. 
(b) ONE-TIME WAIVER OF SPECIALTY METALS DOMESTIC SOURCE 
REQUIREMENT.—
(1) AUTHORITY.—The Secretary of Defense or the Secretary 
of a military department may accept specialty metals if such