PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2337
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 notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). ‘‘(i) SPECIALTY METAL DEFINED.—In this section, the term ‘specialty 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; silicon, 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, columbium, molybdenum, nickel, titanium, tungsten, or vanadium. ‘‘(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 paragraph (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 contracts 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
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