12 2 STA T . 2 08PUBLIC LA W 110 – 181 —J A N .28 , 2008 rega r din ga p r o po s ed w ai v ero f do m es t i c so u rce l imitations pursuant to section 253 3 b of title 10,U nited S tates C ode .( c )REPORT TO CO NG RE S S I ON ALD E F ENSE CO M MITTEES. —Th e B oard shall include the findings and recommendations of the assess - ment re q uired b y subsection (a) in the first report submitted to Congress pursuant to section 1 87 (d) of title 10, United States Code, after the completion of such assessment. (d) DEFINITION.—The term ‘ ‘strategic material ’ ’ means— (1) a material designated as critical to national security by the Strategic M aterials P rotection Board in accordance with section 187 of title 10, United States Code
or (2) a specialty metal as defined by section 2533b of title 10, United States Code. SEC.804 .C LARIF ICA T I ON OFT H E P ROTECTION OF STRATE G IC M ATE - RIALS CRITICAL TO NATIONAL SEC U RIT Y . (a) PRO H I B ITION.—Subsection (a) of section 2533b of title 10, United States Code, is amended— (1) by stri k ing ‘‘ Ex cept as provided in subsections (b) through ( j ), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of—’’ and inserting ‘‘Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited
’’; (2) in paragraph (1)— ( A ) by striking ‘‘the following’’ and inserting ‘‘The fol- lowing’’; and (B) by striking ‘‘; or’’ and inserting a period; and (3) in paragraph (2), by striking ‘‘a speciality’’ and inserting ‘‘A specialty’’. (b) APPLI C ABILIT Y TO AC QU ISITION OF COMMERCIAL I TEMS.— Subsection (h) of such section is amended to read as follows: ‘‘(h) APPLICABILITY TO ACQUISITIONS OF COMMERCIAL ITEMS.— (1) Except as provided in paragraphs (2) and (3), this section applies to acquisitions of commercial items, notwithstanding sections 3 4 and 35 of the O ffice of F ederal Procurement Policy Act (41 U.S.C. 430 and 431). ‘‘(2) This section does not apply to contracts or subcontracts for the acquisition of commercially available off-the-shelf items, as defined in section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c)), other than— ‘‘(A) contracts or subcontracts for the acquisition of spe- cialty metals, including mill products, such as bar, billet, slab, wire, plate and sheet, that have not been incorporated into end items, subsystems, assemblies, or components; ‘‘(B) contracts or subcontracts for the acquisition of forgings or castings of specialty metals, unless such forgings or castings are incorporated into commercially available off-the-shelf end items, subsystems, or assemblies; ‘‘(C) contracts or subcontracts for commercially available high performance magnets unless such high performance magnets are incorporated into commercially available off-the- shelf-end items or subsystems; and ‘‘(D) contracts or subcontracts for commercially available off-the-shelf fasteners, unless such fasteners are—
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