Page:United States Statutes at Large Volume 122.djvu/287

 12 2 STA T . 2 64PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (B)isdet e rm i n ed by t h e S e c ret a ryc o ncerned to be qu a l i -f ied in accordance w ith such criteria as determined a p propriate by the Secretary of D efense . ‘‘( 3 ) T he fee for a license under this subsection shall not e x ceed by more than a nominal amount the amount needed to reco v er all costs of the Department of Defense in processin g the request for the license and supplying the license. ‘‘( 4 ) A license to a qualifying company under this subsection shall provide that the license may not be transferred , sold, or relicensed by the qualifying company. ‘‘( 5 ) A license under this subsection shall not be an exclusive license. ’ ’. (b) EF F ECTIV ED A TE. — The Secretary of Defense shall prescribe regulations to implement the amendment made by this section not later than 180 days after the date of the enactment of this Act. SEC.8 8 3 . MODIF IC AT IO N STO L IMITATION ON CONT R ACTS TO AC QU IRE MILITAR Y FLI GH T SIMULATOR. (a) EFFECT ON E X I S TIN GC ONT R ACTS.—Section 83 2 of the J ohn W arner N ational Defense Authori z ation Act for F iscal Y ear 200 7 ( P ublic L aw 10 9– 3 6 4 120 Stat. 2331) is amended by adding at the end the following new subsection

‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limitation in sub- section (a) does not apply to any service contract of a military department to acquire a military flight simulator, or to any renewal or extension of, or follow-on contract to, such a contract, if— ‘‘(1) the contract was in effect as of O ctober 17, 2006; ‘‘(2) the number of flight simulators to be acquired under the contract (or renewal, extension, or follow-on) will not result in the total number of flight simulators acquired by the military department concerned through service contracts to exceed the total number of flight simulators to be acquired under all service contracts of such department for such simulators in effect as of October 17, 2006; and ‘‘(3) in the case of a renewal or extension of, or follow- on contract to, the contract, the Secretary of the military depart- ment concerned provides to the congressional defense commit- tees a written notice of the decision to exercise an option to renew or extend the contract, or to issue a solicitation for bids or proposals using competitive procedures for a follow- on contract, and an economic analysis as described in subsection (c) supporting the decision, at least 30 days before carrying out such decision.’’. (b) C H ANGE IN G RO U N D S FOR WAIVER.—Section 832(c)(1) of such Act, as redesignated by subsection (a), is amend by stri k ing ‘‘necessary for national security purposes’’ and inserting ‘‘in the national interest’’. SEC. 88 4 . REQUIREMENTS RELATING TO W AI V ERS OF CERTAIN DOMESTIC SOURCE LIMITATIONS RELATING TO S P E - CIALTY METALS. (a) NOTICE R E Q UIRE M ENT.—At least 30 days prior to making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, U nited States Code, 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 10USC253 3 bnote. 10 USC 2302 note. R e gula t i on s . D ea d line. 10 USC 22 6 0 note.

�