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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. 829. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.

(a) Definitions- Section 187 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(e) Definitions- In this section:

`(1) The term `materials critical to national security' means materials--

`(A) upon which the production or sustainment of military equipment is dependent; and

`(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.

`(2) The term `military equipment' means equipment used directly by the armed forces to carry out military operations.

`(3) The term `secure supply', with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.'.

(b) Amendment Relating to Duties- Subsection (b) of section 187 of such title is amended to read as follows:

`(b) Duties- In addition to other matters assigned to it by the Secretary of Defense, the Board shall--

`(1) determine the need to provide a long term secure supply of materials designated as critical to national security to ensure that national defense needs are met;

`(2) analyze the risk associated with each material designated as critical to national security and the effect on national defense that the nonavailability of such material would have;

`(3) recommend a strategy to the President to ensure a secure supply of materials designated as critical to national security;

`(4) recommend such other strategies to the President as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security; and

`(5) publish not less frequently than once every two years in the Federal Register recommendations regarding materials critical to national security, including a list of specialty metals, if any, recommended for addition to, or removal from, the definition of `specialty metal' for purposes of section 2533b of this title.'.

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

SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY.

Section 187 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(e) Definitions- In this section:

`(1) The term `materials critical to national security' means materials--

`(A) upon which the production or sustainment of military equipment is dependent; and

`(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.

`(2) The term `military equipment' means equipment used directly by the armed forces to carry out military operations.'.

The House bill contained a provision (sec. 834) that would amend section 187 of title 10, United States Code, to define the term “materials critical to national security”.

The Senate committee-reported bill contained no similar provision.

The agreement includes the provision with an amendment incorporating additional clarifying changes to section 187.

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

SECTION 834--DEFINITION OF MATERIALS CRITICAL TO NATIONAL SECURITY

This section would amend section 187 of title 10, United States Code, to clarify the definition of materials critical to national security. The revised definition would ensure that strategic materials whose supply to the Department of Defense can potentially be disrupted are monitored and addressed by the Strategic Materials Protection Board established under section 187 of title 10, United States Code.