Sec. 844. TECHNICAL EDITS TO SOURCING REQUIREMENTS FOR STRATEGIC MATERIALS AND SENSITIVE MATERIALS

736 words·~3 min read·/statute-compilations/comps-18280/sec-844

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 844 TECHNICAL EDITS TO SOURCING REQUIREMENTS FOR STRATEGIC MATERIALS AND SENSITIVE MATERIALS ###

(a)Strategic Materials Section 4863 of title 10, United States Code, is amended— ####

(1)in subsection (b)— #####

(A)in paragraph (1), by inserting “at a reasonable price” after “when needed”; and #####

(B)by adding at the end the following new paragraph: > > #### “(3) > > The authority in subsection (b)(1)— > > > ##### “(A) > > may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program; > > > ##### “(B) > > may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and > > > ##### “(C) > > may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.” > ; ####

(2)in subsection (c)(1)— #####

(A)by striking “in support of combat operations or”; and #####

(B)by inserting “or for use outside of the United States” after “contingency operations”; and ####

(3)in subsection (k)— #####

(A)in paragraph (1), by inserting “or the Secretary of the military department concerned” after “Secretary of Defense”; and #####

(B)by amending subparagraph (2)(A) to read as follows: > > ##### “(A) > > may be delegated— > > > ###### “(i) > > to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within the such military department; and > > > ###### “(ii) > > to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department;” > . ###

(b)Sensitive Materials Section 4872 of title 10, United States Code, is amended— ####

(1)in subsection (a), in the matter preceding paragraph (1), by inserting “or (e)” after “subsection (c)”; ####

(2)in subsection (c)— #####

(A)in paragraph (1), by inserting “or the Secretary of the military department concerned” after “Secretary of Defense”; and #####

(B)in paragraph (2), by inserting “in support of contingency operations or” before “for use outside”; ####

(3)by redesignating subsection

(d)as subsection (f); and ####

(4)by inserting after subsection

(c)the following new subsections: > > ### “(d) Delegation > > The authorities in subsection (c)— > > > #### “(1) > > may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program; > > > #### “(2) > > may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and > > > #### “(3) > > may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department. > > > ### “(e) National Security Waiver > > > #### “(1) In general > > Notwithstanding subsection (a), the Secretary of Defense of the Secretary or the Secretary of the military department concerned, may accept the delivery of an end item containing covered material manufactured in a covered nation if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States. > > > #### “(2) Delegation > > A written determination under paragraph (1)— > > > ##### “(A) > > may be delegated— > > > ###### “(i) > > to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within such military department; and > > > ###### “(ii) > > to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department; > > > ##### “(B) > > shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and > > > ##### “(C) > > shall be provided to the congressional defense committees prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to the defense committees up to 7 days after it is made).” > .