DoD Must Report to Congress 15 Days Before Waiver on USML Items from China
The Department of Defense must now report to relevant congressional committees 15 days before issuing a waiver of the prohibition on acquisition of U.S. Munitions List (USML) items from Chinese military companies, according to a DoD final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) at 48 CFR Part 225 to implement the requirement in the National Defense Authorization Act for Fiscal Year 2012. The regulation previously required notification to the congressional defense committees within 30 days after the date of the waiver.
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DoD’s final rule, which is effective May 22, 2012, also requires that the official granting the waiver, which may be either the Under Secretary of Defense (Acquisition, Technology, and Logistics), the Secretaries of the military departments, or the Component Acquisition Executive of the Defense Logistics Agency, submit a copy of the waiver to the Director of Defense Procurement and Acquisition Policy.