309 
‘‘(h) APPLICABILITY TO PROCUREMENTS OF COMMER-
CIAL ITEMS.—This section applies to procurements of com-
mercial items notwithstanding section 34 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 430). 
‘‘(i) APPLICABILITY TO SUBCONTRACTS.—This section 
applies to subcontracts at any tier under a prime contract. 
‘‘(j) APPLICABILITY
TO
NONCOMPLIANT
COMPO-
NENTS.—A procurement subject to subsection (a) shall not 
be considered to be in compliance with subsection (a) if non-
compliant components are delivered under the procurement 
without charge to the Federal Government. In this sub-
section, the term ‘noncompliant component’ means a com-
ponent that is not reprocessed, reused, or produced in the 
United States. 
‘‘(k) SPECIALTY METAL DEFINED.—In this section, the 
term ‘specialty metal’ means any of the following: 
‘‘(1) Steel— 
‘‘(A) with a maximum alloy content exceed-
ing one or more of the following limits: man-
ganese, 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, chro-
mium, cobalt, columbium, molybdenum, nickel, 
titanium, tungsten, or vanadium. 
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‘‘(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. 
‘‘(5) A metal determined by the Strategic Mate-
rials Protection Board (established under section 187 
of this title) to be a specialty metal critical to na-
tional security. 
‘‘(l) ADDITIONAL DEFINITIONS.—In this section: 
‘‘(1) The term ‘United States’ includes posses-
sions of the United States. 
‘‘(2) The term ‘micropurchase’ means a procure-
ment in an amount not greater than the micropur-
chase threshold, as defined by section 32(f) of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 
428). 
‘‘(3) The term ‘component’ has the meaning pro-
vided in section 4 of such Act (41 U.S.C. 403).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter 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— 
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311 
(A) by striking paragraph (2) of subsection 
(b); 
(B) in subsection (c), by striking ‘‘or spe-
cialty metals (including stainless steel flat-
ware)’’; 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 en-
actment 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 INADVERTENT MICROPURCHASE WAIV-
ER OF SPECIALTY METALS DOMESTIC SOURCE REQUIRE-
MENT.— 
(1) NOTICE OF NONCOMPLIANCE.—In the case of 
a contract with the Department of Defense in effect 
before the date of the enactment of this Act with re-
spect to which the contracting officer for the contract 
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312 
determines the contractor is not in compliance with 
section 2533a of title 10, United States Code (as in 
effect before such date of enactment) with respect to 
specialty metals, the contracting officer shall— 
(A) post a notice on FedBizOpps.gov that 
the contractor is not in compliance with such 
section; 
(B) notify the contractor (and any subcon-
tractor under the prime contract that is also 
noncompliant) in writing that the contractor (or 
subcontractor) is not in compliance with such 
section; and 
(C) require the contractor and any subcon-
tractor notified under subparagraph (B) to sub-
mit to the contracting officer a compliance plan 
for becoming compliant with such section. 
(2) WAIVER AUTHORITY.—In the case of a con-
tract described in paragraph (1), the contracting offi-
cer for the contract may waive the applicability to the 
contract of section 2533a of title 10, United States 
Code (as in effect before such date of enactment) with 
respect to specialty metals if— 
(A) the procurement is a micropurchase of 
components (whether in a prime contract or a 
subcontract under such contract) and the aggre-
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313 
gate value of all such procurements in the prime 
contract and all the subcontracts under such con-
tract does not exceed 1 percent of the amount of 
the contract or $100,000, whichever is less; 
(B) the contracting officer determines in 
writing that the contractor was and continues to 
be inadvertently not in compliance with such 
section with respect to such metals and the con-
tractor has submitted a compliance plan under 
paragraph (1)(C); and 
(C) the Secretary of the military depart-
ment concerned approves the waiver. 
(3) NOTICE.—Not later than 15 days after a con-
tracting officer makes a determination under para-
graph (2)(B) with respect to a contract, the con-
tracting officer shall post a notice on FedBizOpps.gov 
that a waiver has been granted for the contract under 
this subsection. The notice shall include information 
about the applicability of section 1001 of title 18, 
United States Code (relating to criminal penalties for 
false statements). 
(4) CHALLENGE PERIOD.— 
(A) During the 15-day period beginning on 
the date of the posting of a notice of a waiver 
under paragraph (3) for a contract (in this sub-
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314 
section referred to as the ‘‘challenge period’’), the 
contracting officer shall accept challenges sub-
mitted with respect to the contract. 
(B) For purposes of this paragraph, a chal-
lenge, with respect to a contract for which a 
waiver has been granted under this subsection, is 
a submission of information by an entity (re-
ferred to as a ‘‘challenger’’ in this section) stat-
ing that the challenger can provide the specialty 
metals needed for performance of the contract 
and can certify in writing that the metals are 
reprocessed, reused, or produced in the United 
States. The information shall be submitted to the 
contracting officer in such form and manner as 
may be prescribed by the Under Secretary of De-
fense for Acquisition, Technology, and Logistics. 
(5) DETERMINATION
BY
CONTRACTING
OFFI-
CER.—During the 15-day period beginning on the 
day after the end of the challenge period with respect 
to a contract, if any challenge has been submitted to 
the contracting officer, the contracting officer shall 
make a determination regarding whether the chal-
lenger can provide the specialty metals for the compo-
nents concerned in sufficient quantity, of satisfactory 
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quality, within a reasonable time, and at a cost that 
is not unreasonable. 
(6) RESCISSION OF WAIVER.—(A) Except as pro-
vided in subparagraph (B), if the determination 
under paragraph (5) is in the affirmative, the con-
tracting officer shall— 
(i) rescind the waiver granted with respect 
to the contract under this subsection; and 
(ii) require the contractor to comply with 
subsection (a) by purchasing specialty metals 
from the challenger. 
(B) If the contracting officer makes a determina-
tion in the affirmative under paragraph (5) with re-
spect to two or more challengers, the contracting offi-
cer shall select or require the contractor to select, in 
such manner as the contracting officer considers ap-
propriate, the challenger to provide specialty metals 
under the contract. 
(7) DEFINITIONS.—In this subsection: 
(A) The term ‘‘micropurchase’’ means a 
procurement in an amount not greater than the 
micropurchase threshold, as defined by section 
32(f) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 428). 
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316 
(B) The term ‘‘component’’ has the meaning 
provided in section 4 of such Act (41 U.S.C. 
403). 
(C) The term ‘‘FedBizOpps.gov’’ means the 
website maintained by the General Services Ad-
ministration known as FedBizOpps.gov (or any 
successor site). 
(8) TERMINATION
OF
WAIVER
AUTHORITY.—A 
contracting officer may exercise the waiver authority 
under this subsection only after the date of the enact-
ment of this Act and before July 1, 2008. 
SEC. 832. STRATEGIC MATERIALS PROTECTION BOARD. 
(a) IN GENERAL.—Chapter 7 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 187. Strategic Materials Protection Board 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense 
shall establish a Strategic Materials Protection Board. 
‘‘(2) The Board shall be composed of the following: 
‘‘(A) The Secretary of Defense, who shall be the 
chairman of the Board. 
‘‘(B) The Under Secretary of Defense for Acqui-
sition, Technology, and Logistics. 
‘‘(C) The Under Secretary of Defense for Intel-
ligence. 
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‘‘(D) The Secretary of the Army. 
‘‘(E) The Secretary of the Navy. 
‘‘(F) The Secretary of the Air Force. 
‘‘(b) DUTIES.—In addition to other matters assigned 
to it by the Secretary of Defense, the Board shall— 
‘‘(1) determine the need to provide a long term 
domestic supply of items designated as critical to na-
tional security to ensure that national defense needs 
are met; 
‘‘(2) analyze the risk associated with each item 
designated as critical to national security and the af-
fect on national defense that the nonavailability of 
such item from a domestic source would have; 
‘‘(3) recommend a strategy to the President to 
ensure the domestic availability of items designated 
as critical to national security; 
‘‘(4) recommend such other strategies to the 
President as the Board considers appropriate to 
strengthen the industrial base with respect to items 
critical to national security; and 
‘‘(5) publish, not less frequently than once every 
two years, in the Federal Register a list of items de-
termined to be critical to national security, including 
a list of specialty metals determined to be critical to 
national security for purposes of section 2533b of this 
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title (and referred to in section 2533b(l)((1)(5) of such 
title). 
‘‘(c) MEETINGS.—The Board shall meet as determined 
necessary by the Secretary of Defense but not less frequently 
than once every two years to— 
‘‘(1) determine and publish a list of items crit-
ical to national security as described in subsection 
(b)(5); and 
‘‘(2) review items previously determined by the 
Board to be critical to national security, including 
specialty metals critical to national security for pur-
poses of section 2533b of this title, to determine the 
appropriateness of their continuing classification as 
critical to national security. 
‘‘(d) REPORTS.—After each meeting of the Board, the 
Board shall prepare and submit to Congress a report con-
taining the results of the meeting and such recommenda-
tions as the Board determines appropriate. 
‘‘(e) REMOVAL OF ITEMS FROM LIST.—The Board 
may not remove from the list referred to in subsection (b)(5) 
an item previously determined to be critical to national se-
curity by the Board until a period of 30 days expires after 
the Board submits to the congressional defense committees 
a written notification of the removal.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘187. Strategic Materials Protection Board.’’. 
(c) FIRST MEETING OF BOARD.—The first meeting of 
the Strategic Materials Protection Board, established by sec-
tion 187 of title 10, United States Code (as added by para-
graph (1)) shall be not later than 180 days after the date 
of the enactment of this Act. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Standardization of statutory references to ‘‘national security system’’ 
within laws applicable to Department of Defense. 
Sec. 902. Correction of reference to predecessor of Defense Information Systems 
Agency. 
Sec. 903. Addition to membership of specified council. 
Sec. 904. Consolidation and standardization of authorities relating to Depart-
ment of Defense Regional Centers for Security Studies. 
Sec. 905. Redesignation of the Department of the Navy as the Department of the 
Navy and Marine Corps. 
Subtitle B—Space Activities 
Sec. 911. Designation of successor organizations for the disestablished Interagency 
Global Positioning Executive Board. 
Sec. 912. Extension of authority for pilot program for provision of space surveil-
lance network services to non-United States Government entities. 
Sec. 913. Operationally Responsive Space. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Transfer to Secretary of the Army of responsibility for Assembled Chem-
ical Weapons Alternatives Program. 
Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus on- 
site treatment and disposal of hydrolysate derived from neutral-
ization of VX nerve gas at Newport Chemical Depot, Indiana. 
Sec. 923. Sense of Congress regarding the safe and expeditious disposal of chem-
ical weapons. 
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