S.Amdt. 6361Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6361

What it does: Adds SEC. 1414. REPORT ON STRATEGIC AND CRITICAL MATERIALS at the end of subtitle B of title XIV
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1414. REPORT ON STRATEGIC AND CRITICAL MATERIALS at the end of subtitle B of title XIV

    Adds a section

    In S.Amdt. 5499 as proposed

    (d) Compliance With Strategic and Critical Materials Stock Piling Act.--Any acquisition using funds appropriated pursuant to the authorization of appropriations under subsection (c) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).

    Inserted: SEC. 1414. REPORT ON STRATEGIC AND CRITICAL MATERIALS.

    Inserted: (a) Finding.--Congress finds that the annex provided by the Department of Defense under section 851 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3773) did not contain every element required under such section.

    Inserted: (b) Report Required.--Not later than June 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing strategic and critical materials requirements of the Department of Defense, including the gaps and vulnerabilities in supply chains of such materials.

    Inserted: (c) Elements.--The Under Secretary shall include in the report required by subsection (b) the following:

    Inserted: (1) The overall annual tonnage of each strategic or critical material used by the Department of Defense during the 10-year period ending on December 31, 2021.

    Inserted: (2) An evaluation of the benefits of a robust domestic supply chain for strategic and critical materials.

    Inserted: (3) An evaluation of the effects of the use of waivers by the Strategic Materials Protection Board established under section 187 of title 10, United States Code, on the domestic supply of strategic and critical materials.

    Inserted: (4) An identification of the improvements to the National Defense Stockpile that are required to further ensure that the Department of Defense has access to strategic and critical materials, aligning the goals of the stockpile with those of the Department and prioritize existing and future needs for emerging technologies.

    Inserted: (5) An evaluation of the domestic processing and manufacturing capacity required to supply strategic and critical materials to the Department of Defense, including identifying, in consultation with the Director of the United States Geological Survey, domestic locations of proven sources of such strategic and critical materials with existing commercial manufacturing capabilities.

    Inserted: (6) An identification of all minerals that are strategic and critical materials, and supply chains for such minerals, that originate in or pass through the Russian Federation.

    Inserted: (7) An evaluation of the process required to immediately halt the procurement of minerals described in paragraph (6) or products by the Federal Government without adversely affecting national security.

    Inserted: (8) Any limits on the availability of information preventing or limiting the Under Secretary from fully addressing an element described in paragraphs (1) through (7) in the report.

    Show 3 more inserted paragraphs

    Inserted: (9) Any legislative recommendations, statutory authority, or appropriations necessary to improve the ability of the Department to monitor and address its strategic and critical materials requirements.

    Inserted: (d) Form.--The report required in subsection (b) shall be submitted in unclassified form but may include a classified annex.

    Inserted: (e) Strategic and Critical Materials Defined.--In this section, the term "strategic and critical materials" has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3).

    Original wording

    At the end of subtitle B of title XIV, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 6361. Mr. TUBERVILLE submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XIV, add the following:

SEC. 1414. REPORT ON STRATEGIC AND CRITICAL MATERIALS.

(a) Finding.--Congress finds that the annex provided by the Department of Defense under section 851 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3773) did not contain every element required under such section.

(b) Report Required.--Not later than June 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing strategic and critical materials requirements of the Department of Defense, including the gaps and vulnerabilities in supply chains of such materials.

(c) Elements.--The Under Secretary shall include in the report required by subsection (b) the following:

(1) The overall annual tonnage of each strategic or critical material used by the Department of Defense during the 10-year period ending on December 31, 2021.

(2) An evaluation of the benefits of a robust domestic supply chain for strategic and critical materials.

(3) An evaluation of the effects of the use of waivers by the Strategic Materials Protection Board established under section 187 of title 10, United States Code, on the domestic supply of strategic and critical materials.

(4) An identification of the improvements to the National Defense Stockpile that are required to further ensure that the Department of Defense has access to strategic and critical materials, aligning the goals of the stockpile with those of the Department and prioritize existing and future needs for emerging technologies.

(5) An evaluation of the domestic processing and manufacturing capacity required to supply strategic and critical materials to the Department of Defense, including identifying, in consultation with the Director of the United States Geological Survey, domestic locations of proven sources of such strategic and critical materials with existing commercial manufacturing capabilities.

(6) An identification of all minerals that are strategic and critical materials, and supply chains for such minerals, that originate in or pass through the Russian Federation.

(7) An evaluation of the process required to immediately halt the procurement of minerals described in paragraph (6) or products by the Federal Government without adversely affecting national security.

(8) Any limits on the availability of information preventing or limiting the Under Secretary from fully addressing an element described in paragraphs (1) through (7) in the report.

(9) Any legislative recommendations, statutory authority, or appropriations necessary to improve the ability of the Department to monitor and address its strategic and critical materials requirements.

(d) Form.--The report required in subsection (b) shall be submitted in unclassified form but may include a classified annex.

(e) Strategic and Critical Materials Defined.--In this section, the term “strategic and critical materials” has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3).

Legislative Activity

Stay on top of the latest movement without scrolling through every action

Floor Latest Action

Senate amendment submitted

September 29, 2022