Page:United States Statutes at Large Volume 120.djvu/2369

 120 STAT. 2338

PUBLIC LAW 109–364—OCT. 17, 2006 metals were incorporated into items produced, manufactured, or assembled in the United States before the date of the enactment of this Act with respect to which the contracting officer for the contract determines that the contractor is not in compliance with section 2533b of title 10, United States Code (as added by subsection (a)(1)), if— (A) the contracting officer for the contract determines in writing that— (i) it would not be practical or economical to remove or replace the specialty metals incorporated in such items or to substitute items containing compliant materials; (ii) the prime contractor and subcontractor responsible for providing items containing non-compliant materials have in place an effective plan to ensure compliance with section 2533b of title 10, United States Code (as so added), with regard to items containing specialty metals if such metals were incorporated into items produced, manufactured, or assembled in the United States after the date of the enactment of this Act; and (iii) the non-compliance is not knowing or willful; and (B) the Under Secretary of Defense for Acquisition, Technology, and Logistics or the service acquisition executive of the military department concerned approves the determination. (2) NOTICE.—Not later than 15 days after a contracting officer makes a determination under paragraph (1)(A) with respect to a contract, the contracting officer shall post a notice on FedBizOpps.gov that a waiver has been granted for the contract under this subsection. (3) DEFINITION.—In this subsection, the term ‘‘FedBizOpps.gov’’ means the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site). (4) TERMINATION OF AUTHORITY.—A contracting officer may exercise the authority under this subsection only with respect to the delivery of items the final acceptance of which takes place after the date of the enactment of this Act and before September 30, 2010.

Deadline. Website.

SEC. 843. 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 representatives of the following: ‘‘(A) The Secretary of Defense, who shall be the chairman of the Board. ‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics. ‘‘(C) The Under Secretary of Defense for Intelligence. ‘‘(D) The Secretary of the Army.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 01082

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�