10 U.S.C. § 2533b (ARMED FORCES)
[§ 2533b. Renumbered § 4863]
heading: Statutory Notes and Related Subsidiaries
heading: Regulations
text: Pub. L. 110–181, div. A, title VIII, § 804(g), Jan. 28, 2008, 122 Stat. 211, provided that: “Not later than 120 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Defense shall prescribe regulations on the implementation of this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section, including specific guidance on how thresholds established in subsections (h)(3), (i) and (j) of section 2533b of title 10, United States Code [now 10 U.S.C. 4863], as amended by this section, should be implemented.”
heading: Review of Regulatory Definition Relating to Production of Specialty Metals
text: Pub. L. 111–383, div. A, title VIII, § 823, Jan. 7, 2011, 124 Stat. 4269, which required the Secretary to review the definition of “produce” as used within subpart 252.2 of the defense supplement to the Federal Acquisition Regulation, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(57), Aug. 13, 2018, 132 Stat. 1850.
heading: Revision of Domestic Nonavailability Determinations and Rules
text: Pub. L. 110–181, div. A, title VIII, § 804(h), Jan. 28, 2008, 122 Stat. 211, which provided that, with exceptions, any domestic nonavailability determination under section 4863 of this title would be reviewed and amended to comply with the amendments made by section 804 of Pub. L. 110–181, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(58), Aug. 13, 2018, 132 Stat. 1850.
heading: Requirements Relating to Waivers of Certain Domestic Source Limitations Relating to Specialty Metals
text: Pub. L. 110–181, div. A, title VIII, § 884, Jan. 28, 2008, 122 Stat. 264, provided that:
“(a) Notice Requirement.—
At least 30 days prior to making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, United States Code [now 10 U.S.C. 4863(b)], that would apply to more than one contract of the Department of Defense, the Secretary of Defense shall, to the maximum extent practicable and in a manner consistent with the protection of national security information and confidential business information—
“(1) publish a notice on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site) of the Secretary’s intent to make the domestic nonavailability determination; and
“(2) solicit information relevant to such notice from interested parties, including producers of specialty metal mill products.
“(b) Determination.—
(1) The Secretary shall take into consideration all information submitted pursuant to subsection (a) in making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, United States Code [now 10 U.S.C. 4863(b)], that would apply to more than one contract of the Department of Defense, and may also consider other relevant information that cannot be made part of the public record consistent with the protection of national security information and confidential business information.
“(2) The Secretary shall ensure that any such determination and the rationale for such determination is made publicly available to the maximum extent consistent with the protection of national security information and confidential business information.”
heading: One-Time Waiver of Specialty Metals Domestic Source Requirement
text: Pub. L. 109–364, div. A, title VIII, § 842(b), Oct. 17, 2006, 120 Stat. 2337, which provided that the Secretary of Defense or the Secretary of a military department could accept specialty metals in an item produced, manufactured, or assembled in the United States before Oct. 17, 2006, with respect to which the contracting officer for the contract determines that the contractor is not in compliance with section 4863 of this title, subject to certain conditions, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(59), Aug. 13, 2018, 132 Stat. 1850.