FY 2013 National Defense Authorization Act: Critical Materials

President Barack Obama has signed into law H.R. 4310, the National Defense Authorization Act for FY 2013. This legislation provides policy and budget guidance for the Department of Defense and the National Nuclear Security Administration (NNSA). It does not provide the actual funding, which is contained in the yet to be enacted FY 2013 Department of Defense Appropriations Bill.

The conference report has language on critical materials. The report language briefly summarizes the respective positions of the House and Senate authorizing committees regarding a particular section of their bill and explains the final position each chamber’s conferees took in resolving the matter. The “sec.” number refers to the actual bill text.

This is the final FYI in this series on the FY 2013 National Defense Authorization Act

“TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A—Department of Defense Management

“Additional duties of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy and amendments to Strategic Materials Protection Board (sec. 901)

“The House bill contained a provision (sec. 901) that would amend section 139c of title 10, United States Code, to specify the duties of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy. The provision would also amend section 187 of title 10, United States Code, to realign the membership of the Strategic Materials Protection Board.

“The Senate amendment contained no similar provision.

“The Senate recedes [withdraws from its position] with a clarifying amendment.

“The conferees are concerned that responsibility for the secure supply of materials critical to national security, which supports the defense industrial base, is decentralized throughout the Department of Defense. Therefore, the conferees believe that in order to support a more coherent, comprehensive strategy as it pertains to materials critical to national security, the office of the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy should provide relevant policy guidance and oversight of matters that pertain to ensuring reliable resource availability of materials critical to national security.”

Under a different section of the report entitled “Legislative Provision Not Adopted” is the following:

“Policy of the United States with respect to a domestic supply of critical and essential minerals

“The Senate amendment contained a provision (sec. 1433) that would establish a policy to promote the development of an adequate, reliable, and stable supply of critical and essential minerals in the United States.

“The House bill contained no similar provision.

“The Senate recedes [withdraws from its position.]

“The conferees note that the requirement for the inclusion of essential minerals was added into the modified strategy for the National Security Strategy for National Technology and Industrial Base section 2501 of title 10, United States Code.”

The conference report also contained a provision requiring the Secretary of Defense to submit a report on the recapture of fluorescent lighting waste.