12 2 STA T . 21 0PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 its s ubcon t ra ctors f or us ed urin g suc hp eriod in the produc - tion of the co m mercia l deri v ative militar y article and the related commercial article .‘ ‘ (2)F or the purposes of this subsection , the amount of specialty metal that is re q uired to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incor- porated into such commercial derivative military article. ‘‘( k ) NATION A LSECUR IT YW AI V ER. — ( 1 ) Not w ithstanding sub- section (a), the Secretary of D efense may accept the delivery of an end item containing noncompliant materials if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the U nited States. ‘‘(2) A written determination under paragraph (1)— ‘‘(A) may not be delegated below the level of the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition, T echnology, and L ogistics
‘‘( B ) shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and ‘‘( C ) shall be provided to the congressional defense commit- tees prior to making such a determination (e x cept that in the case of an urgent national security requirement, such cer- tification may be provided to the defense committees up to 7 days after it is made). ‘‘( 3 )(A) I n any case in which the Secretary makes a determina- tion under paragraph (1), the Secretary shall determine whether or not the noncompliance was knowing and willful. ‘‘(B) If the Secretary determines that the noncompliance was not knowing or willful, the Secretary shall ensure that the con- tractor or subcontractor responsible for the noncompliance develops and implements an effective plan to ensure future compliance. ‘‘(C) If the Secretary determines that the noncompliance was knowing or willful, the Secretary shall— ‘‘(i) require the development and implementation of a plan to ensure future compliance; and ‘‘(ii) consider suspending or debarring the contractor or subcontractor until such time as the contractor or subcontractor has effectively addressed the issues that lead to such noncompli- ance. ’ ’. (e) A D DITIONAL DE F INITION S .—Subsection (m) of section 2 5 33b of title 1 0 , United States Code, as redesignated by subsection (c), is further amended by adding at the end the following
‘‘(3) The term ‘acquisition’ has the meaning provided in section 4 of the O ffice of Federal P rocurement Policy Act (41 U.S.C. 403). ‘‘(4) The term ‘required form’ shall not apply to end items or to their components at any tier. The term ‘required form’ means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the produc- tion of— ‘‘(A) a finished end item delivered to the Department of Defense; or ‘‘(B) a finished component assembled into an end item delivered to the Department of Defense. Det e rmina ti o n .
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