Sec. 3. Expansion of National Defense Stockpile requirements and capacity relating to rare earth elements and covered critical minerals
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Congress finds that increasing the storage of substantial quantities of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products in the National Defense Stockpile will— diminish the vulnerability of the United States to the effects of severe disruptions to the supply chains for such elements, minerals, and products; and provide limited protection from the consequences of an interruption in supplies of such elements, minerals, and products, particularly such elements, minerals, and products required to meet the needs of the Armed Forces and the defense industrial and technology sectors.
It is the policy of the United States to expand and maintain a strategic reserve of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products. Section 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a ) is amended by adding at the end the following: The quantities of rare earth elements, covered critical minerals, and rare earth or covered critical mineral products stockpiled under this Act should be sufficient to sustain the United States Armed Forces and the defense industrial and technology sectors of the United States for a period of not less than 3 years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration. .
Section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ) is amended— in subsection (b), in the second sentence, by striking The Secretary shall base and inserting Except as provided in subsection (c), the Secretary shall base ; by redesignating subsections (c), (d), and
(e)as subsections (d), (e), and (f), respectively; and by inserting after subsection
(b)the following: The Secretary shall base the Secretary's recommendations under subsection (a)(1) with respect to stockpile requirements for rare earth elements, covered critical minerals, and rare earth or covered critical mineral products on a national emergency situation that would last for a period of not less than 3 years and necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration. . The Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) is amended— in section 3(c)(2) ( 50 U.S.C. 98b(c)(2) ), by striking The President and inserting In the case of acquisitions of materials the cost of which exceeds the amount specified in section 5(a)(3), the President ; in section 5(a) ( 50 U.S.C. 98d(a) )— in paragraph (1), in the first sentence, by inserting under the authority of paragraph
(3)or after Except for acquisitions made ; and by adding at the end the following: The Secretary of Defense may acquire materials determined to be strategic and critical under section 3(a), including rare earth elements, covered critical minerals, and rare earth or covered critical mineral products, without regard to the requirement of the first sentence of subsection
(a)if the cost of the materials does not exceed $10,000,000. ; in section 10(c) ( 50 U.S.C. 98h–1(c) )— in paragraph (2), by striking all acquisitions and disposals inserting acquisitions of materials the cost of which exceeds the amount specified in section 5(a)(3) and all disposals ; and in paragraph (3)(A), by striking all acquisitions and disposals and inserting acquisitions described in paragraph
(2)and all disposals ; and in section 11(b)(3) ( 50 U.S.C. 98h–2(b)(3) )— by inserting
(A)before Any proposed expenditure ; and by adding at the end the following: Subparagraph
(A)does not apply with respect to acquisitions of materials the cost of which does not exceed the amount specified in section 5(a)(3). . Section 12 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–3 ) is amended by adding at the end the following: The term covered critical mineral means— antimony; beryllium; cobalt; graphite; lithium; manganese; nickel; tantalum; tungsten; or vanadium. The term rare earth element means— cerium; dysprosium; erbium; europium; gadolinium; holmium; lanthanum; lutetium; neodymium; praseodymium; promethium; samarium; scandium; terbium; thulium; ytterbium; or yttrium. The term rare earth or covered critical mineral product means a finished, semi-finished, or other intermediate good or component, including a battery or permanent magnet, that contains a rare earth element or covered critical mineral. . There are authorized to be appropriated for the National Defense Stockpile Transaction Fund under section 9 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h )— for fiscal year 2023, $253,500,000; for fiscal year 2024, $266,175,000; for fiscal year 2025, $279,484,000; for fiscal year 2026, $293,458,000; and for fiscal year 2027, $308,131,000. The amounts authorized to be appropriated by paragraph
(1)shall supplement and not supplant other amounts authorized to be appropriated for the National Defense Stockpile Transaction Fund.
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- 50 USC 98h–5
- 50 USC 98h–1(c)
- 50 USC 98h–2(b)(3)
- 50 USC 98h–3
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Sec. 3
Expansion of National Defense Stockpile requirements and capacity relating to rare earth elements and covered critical minerals
Cite50 USC 98h–5
Cite50 USC 98h–1(c)
Cite50 USC 98h–2(b)(3)
Cite50 USC 98h–3
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