Specialty Metals Compromise Forged

The National Defense Authorization Act for Fiscal Year 2008 (2008 Act) contains new provisions
reflecting a compromise on domestic source requirements for specialty metals. Although the specialty metals provisions were revised comprehensively last year in the John Warner National Defense Authorization Act for FY 2007 (the 2007 Act), the subject was reopened in this legislative session as a result of dissatisfaction, on both sides of the debate, with how last year’s reforms were implemented by the Defense Department. Thus, to fully understand this year’s changes, it is helpful to recap the history of the domestic source requirements and discuss the relevant provisions in the 2007 Act, as well as DOD’s subsequent policy guidance and implementing regulations.

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