SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL FACILITIES TO PURCHASERS OUTSIDE THE DEPARTMENT OF DEFENSE.

SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL FACILITIES TO PURCHASERS OUTSIDE THE DEPARTMENT OF DEFENSE. (a) Waiver of Certain Conditions.—(1) Section 2208(j) of title 10, United States Code, is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting “(1)” after “(j)”; and (C) by adding at the end the following new paragraph: “(2) The Secretary of Defense may waive the conditions in paragraph (1) in the case of a particular sale if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.”. (2) Section 2553(c) of such title is amended— (A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively; (B) by inserting “(1)” before “A sale”; and (C) by adding at the end the following new paragraph: “(2) The Secretary of Defense may waive the condition in paragraph (1)(A) and subsection (a)(1) that an article or service must 113 STAT. 567be not available from a United States commercial source in the case of a particular sale if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.”. (b) Clarification of Commercial Nonavailability.—Section 2553(g) of such title is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: “(2) The term ‘not available’, with respect to an article or service proposed to be sold under this section, means that the article or service is unavailable from a commercial source in the required quantity and quality or within the time required.”.