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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING TO PRODUCTION OF SPECIALTY METALS.

(a) Review Required- The Secretary of Defense shall review the regulations specified in subsection (b) to ensure that the definition of the term `produce' in such regulations complies with the requirements of section 2533b of title 10, United States Code. In carrying out the review, the Secretary shall seek public comment, consider congressional intent, and revise the regulations as the Secretary considers necessary and appropriate.

(b) Regulations Specified- The regulations referred to in subsection (a) are any portion of subpart 252.2 of the defense supplement to the Federal Acquisition Regulation that includes a definition of the term `produce' for purposes of implementing section 2533b of title 10, United States Code.

(c) Completion of Review- The Secretary shall complete the review required by subsection (a) and any necessary and appropriate revisions to the defense supplement to the Federal Acquisition Regulation not later than 270 days after the date of the enactment of this Act.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 813. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF SPECIALTY METALS WITHIN THE UNITED STATES.

Section 2533b(m) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(11) The term `produced', as used in subsections (a) and (b), means melted, or processed in a manner that results in physical or chemical property changes that are the equivalent of melting. The term does not include finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.'.

The House bill contained a provision (sec. 813) that would define the term “produced” for the purposes of section 2533b of title 10, United States Code, relating to the production of specialty metals within the United States.

The Senate committee-reported bill contained no similar provision.

The agreement includes a provision that would require the Secretary of Defense to review and, if necessary, revise the definition of the term “produced” currently included in the regulations implementing section 2533b to ensure that the definition is consistent with the language of the statute and congressional intent in enacting the provision.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 813--ADDITIONAL DEFINITION RELATING TO PRODUCTION OF SPECIALTY METALS WITHIN THE UNITED STATES

This section would amend section 2533b of title 10, United States Code, to clarify the definition of the term `produced' used in that section. This section would define `produced' to mean `melted, or processed in a manner that results in physical or chemical property changes that are the equivalent of melting.' The term would not include finishing processes such as rolling, heat treatment, quenching, tempering, grinding, or shaving.