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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 1411

Sec. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT

1,527 words·~7 min read·/statute-compilations/comps-17475/sec-1411

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## SEC. 1411 REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT ###
(a)Repeal of Strategic Materials Protection Board Section 187 of title 10, United States Code, is repealed. ###
(b)Strategic and Critical Materials Board of Directors Section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1) is amended to read as follows: > > ## “SEC. 10 STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS > > > ### “(a) Establishment > > There is established a Strategic and Critical Materials Board of Directors (in this Act referred to as the ‘Board’). > > > ### “(b) Members > > The Board shall be composed, at a minimum, of the following: > > > #### “(1) > > The Assistant Secretary of Defense for Industrial Base Policy, who shall serve as chairman of the Board. > > > #### “(2) > > One designee of each of the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of the Interior. > > > #### “(3) > > One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the House Committee on Armed Services. > > > #### “(4) > > One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the Senate Committee on Armed Services. > > > #### “(5) > > Four designees of the chairman of the Board, who shall have expertise relating to military affairs, defense procurement, production of strategic and critical materials, finance, or any other disciplines deemed necessary by the chairman to conduct the business of the Board. > > > ### “(c) Duties of the Board > > In addition to other matters assigned to it by the chairman, the Board shall conduct the following, without power of delegation: > > > #### “(1) > > Adopt by-laws that ensure sufficient oversight, governance, and effectiveness of the National Defense Stockpile program. > > > #### “(2) > > Elect or remove Board members. > > > #### “(3) > > Advise the National Defense Stockpile Manager. > > > #### “(4) > > Establish performance metrics and conduct an annual performance review of the National Defense Stockpile Manager. > > > #### “(5) > > Set compensation for the National Defense Stockpile Manager. > > > #### “(6) > > Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements. > > > #### “(7) > > Re-allocate budget resources within the annual budget of the National Defense Stockpile program. > > > #### “(8) > > Review and approve the Annual Materials and Operations Plan required by section 11(a)(2) of this Act, including a review of the projected domestic and foreign economic effects of proposed actions to be taken under the Annual Materials and Operations Plan. > > > #### “(9) > > Complete and submit the annual Board Report, in accordance with section 11(b)(2) of this Act. > > > #### “(10) > > Recommend to the Secretary of Defense— > > > ##### “(A) > > a strategy to ensure a secure supply of materials designated as critical to national security; and > > > ##### “(B) > > such other strategies as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security. > > > ### “(d) Board Meetings > > The Board shall meet as determined necessary by the chairman but not less frequently than once every year to fulfill the duties described in subsection (c). > > > ### “(e) Application of Federal Advisory Committee Act > > Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. > > > ### “(f) Definitions > > In this section: > > > #### “(1) Materials critical to national security > > 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) Military equipment > > The term ‘military equipment’ means equipment used directly by the Armed Forces to carry out military operations. > > > #### “(3) Secure supply > > 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.” > . ###
(c)Reports Section 11 of such Act (50 U.S.C. 98h-2) is amended to read as follows: > > ## “SEC. 11 REPORTS > > > ### “(a) Reports to the Board > > The National Defense Stockpile Manager shall submit to the Board the following: > > > #### “(1) > > Not later than 40 calendar days after the last day of each of the first three fiscal quarters in each fiscal year, unaudited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal quarter. > > > #### “(2) > > Not later than 60 calendar days after the conclusion of the fourth quarter of each fiscal year— > > > ##### “(A) > > audited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal year; and > > > ##### “(B) > > an Annual Materials and Operations Plan for the forthcoming year. > > > ### “(b) Reports to Congress > > > #### “(1) Reports by national defense stockpile manage > > Not later than 90 days after the conclusion of the fourth quarter of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report that shall include— > > > ##### “(A) > > information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year; > > > ##### “(B) > > information with respect to the acquisition and disposal of materials under this Act by barter, during such fiscal year; > > > ##### “(C) > > information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials; > > > ##### “(D) > > information with respect to the research and development activities conducted under section 8 of this Act; > > > ##### “(E) > > audited annual financial statements for the Strategic and Critical Materials Fund; > > > ##### “(F) > > other pertinent information on the administration of this Act as will enable the Congress to evaluate the effectiveness of the program; > > > ##### “(G) > > details of all planned expenditures from the Strategic and Critical Materials Fund over the Future Years’ Defense Program and anticipated receipts from proposed disposals of stockpile materials; and > > > ##### “(H) > > the report required by paragraph (2). > > > #### “(2) Report by the board > > The Board shall prepare a written report to accompany the report required by paragraph
(1)which shall include— > > > ##### “(A) > > the activities of the Board to carry out the duties listed in section 10(c) of this Act; and > > > ##### “(B) > > the most recent Annual Materials and Operations Plan submitted under subsection (a)(2)(B).” > . ###
(d)Conforming Amendments ####
(1)Strategic and critical materials stock piling act The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98et seq.) is amended— #####
(A)**[**[50 U.S.C. 98d](/us/usc/t50/s98d)**]** in section 5(a)(2)— ######
(i)by striking “certain stockpile transactions” and all that follows through “submitted the President proposes”; and ######
(ii)by striking “any such transaction” and inserting the following: “any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the Board submits the report under section 11(b)(2) containing such plan”; and #####
(B)**[**[50 U.S.C. 98h-6](/us/usc/t50/s98h-6)**]** in section 15— ######
(i)in subsection (c)(1), by striking “annual materials plan” and inserting “Annual Materials and Operations Plan”; and ######
(ii)in subsection (e)— ######
(I)by inserting “, acting through the National Defense Stockpile Manager,” after “The President”; and ######
(II)by striking “section 11(a)” and inserting “section 11(b)(1)”. ####
(2)Title 10 Title 10 of the United States Codeis amended— #####
(A)in section 4863(g), by striking “Strategic Materials Protection Board pursuant to section 187 of this title” and inserting “Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1)”; and #####
(B)in section 4872(c)(3)(B), by striking “ Strategic Materials Protection Board pursuant to section 187 of this title” and inserting “Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1)”.
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  • 50 USC 98et
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Sec. 1411
REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT
U.S.C.§ 98h–1
U.S.C.§ 98h–2
U.S.C.§ 98d
U.S.C.§ 98h–6
Cite50 USC 98et
Cites 5Cited by 0 across 0 sources
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