12 2 STA T . 2 09PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 ‘ ‘ (i) i ncorp or ated into co m mercia l l y a v aila b leo f f - t h e- s helf end items , s u bsystems, assemblies, or components
or ‘‘(ii) purchased as provided in para g raph ( 3 ) . ‘‘(3) T his section does not apply to fasteners that are commercial items that are purchased under a contract or subcontract w ith a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the re q uired form, for use in the production of such fasteners for sale to the D epartment of Defense and other customers, that is not less than 50 percent of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners. ’ ’. (c) ELECTRONI C C O MP ONENT S . —S ubsection (g) of such section is amended by stri k ing ‘‘commercially available’’ and all that follows through the end of the subsection and inserting ‘‘electronic compo- nents, unless the Secretary of Defense, upon the recommendation of the Strategic M aterials P rotection B oard pursuant to section 187 of this title, determines that the domestic availability of a particular electronic component is critical to national security.’’. (d) AD DITION A LE X CEPTIONS.—Section 2 533b of title 10, U nited States Code, as amended by subsections (a), (b), and (c), is further amended— (1) by redesignating subsections (i) and ( j ) as subsections (l) and (m), respectively; and (2) by inserting after subsection (h) the following new sub- sections
‘‘(i) EXCEPTIONS F ORP U RC H ASES OF SPECIALT Y METALS BELO W MINIMUM THRESHOLD.—(1) N otwithstanding subsection (a), the Sec- retary of Defense or the Secretary of a military department may accept delivery of an item containing specialty metals that were not melted in the United States if the total amount of noncompliant specialty metals in the item does not e x ceed 2 percent of the total weight of specialty metals in the item. ‘‘(2) This subsection does not apply to high performance magnets. ‘‘(j) STREAMLINED COMPLIANCE FOR COMMERCIAL DERI V ATIVE MILITARY ARTICLES.—(1) Subsection (a) shall not apply to an item acquired under a prime contract if the Secretary of Defense or the Secretary of a military department determines that— ‘‘(A) the item is a commercial derivative military article; and ‘‘(B) the contractor certifies that the contractor and its subcontractors have entered into a contractual agreement, or agreements, to purchase an amount of domestically melted specialty metal in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the greater of— ‘‘(i) an amount equivalent to 120 percent of the amount of specialty metal that is required to carry out the produc- tion of the commercial derivative military article (including the work performed under each subcontract); or ‘‘(ii) an amount equivalent to 50 percent of the amount of specialty metal that is purchased by the contractor and Certif i ca ti on.
�
