S.Amdt. 3648

SA 3648. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 section 846, add the following:
(c) Amendments Related to Sourcing of Material.--
(1) Notification requirements.--
(A) In general.--Section 4872 of title 10, United States
Code, as amended by this section, is further amended--
(i) by redesignating subsection (f) as subsection (g); and
(ii) by inserting after subsection (e) the following new
subsection:
``(f) Notification.--
``(1) In general.--Not later than 30 days after the
selection or award of a contract, grant, loan, or use of
other transaction authority to address strategic and critical
materials production of a covered material or for integration
into a covered material as described in paragraph (2), the
Secretary, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall notify the congressional
defense committees.
``(2) Applicability of requirement.--The notification
requirement under paragraph (1) applies to the selection or
award of a contract, grant, loan, or use of other transaction
authority if the underlying project is--
``(A) located outside of the United States;
``(B) not anticipated to use primarily domestic feedstock;
or
``(C) not anticipated to use entirely domestic processing
and refining capacity.
``(3) Elements.--The notification required under paragraph
(1) shall include--
``(A) identification of the investment, including the
location and amount;
``(B) the anticipated location and sources of processing
and refining; and
``(C) for processing, refining, manufacturing, and
recycling, a description of the anticipated sources and
locations of feedstock.''.
(B) Applicability to germanium and gallium.--For the
purposes of subsection (f) of section 4872 of title 10,
United States Code, as added subparagraph (A), covered
material shall include germanium and gallium regardless of
the delayed effective date specified under subsection (b) of
this section.
(2) Preference for domestic integrated sourcing.--Section
848 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 4811 note) is amended by adding at the end the
following new subsection:
``(c) Preference for Domestic Integrated Sourcing of
Critical Minerals.--The Secretary of Defense shall, to the
maximum extent practicable, when investing in strategic and
critical mineral production, prioritize defense industrial
base investment in integrated sources that currently, or as a
result of the investment, produce minerals in the United
States and process and refine

[[Page S5452]]

such minerals in the United States. Such prioritization shall
include--
``(1) investments made via the Industrial Base Fund
established under section 4817 of title 10, United States
Code;
``(2) the use of authorities under title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.); and
``(3) programs such as the National Defense Stockpile.''.
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