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50 U.S.C. § 98h–1 — Strategic and Critical Materials Board of Directors
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Strategic and Critical Materials Board of Directors (in this subchapter 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 management and operations of the National Defense Stockpile program.
(5) Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements.
(6) Re-allocate budget resources within the annual budget of the National Defense Stockpile program.
(7) R
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98h–1
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Source file: Laws/federal/codes/united-states-code/title-50/section-98h1-strategic-and-critical-materials-board-of-directors--73c53e0d83.md
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Source location: Title 50, Chapter 5, § 98h–1; chapter-005-arsenals-armories-arms-and-war-material-generally.md
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**(a) Establishment** There is established a Strategic and Critical Materials Board of Directors (in this subchapter 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 management and operations of the National Defense Stockpile program.
(5) Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements.
(6) Re-allocate budget resources within the annual budget of the National Defense Stockpile program.
(7) Review and approve the Annual Materials and Operations Plan required by [section 98h–2(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–2/a&num=0&edition=prelim). The report required by [section 98h–2(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–2/b/2&num=0&edition=prelim) shall include the views and recommendations of the Board on the projected domestic and foreign economic effects of all acquisition of materials for and disposals of materials from the stockpile.
(8) Complete and submit the annual Board Report, in accordance with [section 98h–2(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–2/b/2&num=0&edition=prelim).
(9) 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 provisions relating to Federal advisory committees** [Section 1013(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1013/a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 109–364, div. A, title VIII, § 843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, § 829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, § 901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, § 1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, § 1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Materials Protection Board. See [section 98h–1 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–1&num=0&edition=prelim), War and National Defense.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsections (c) and (e), the Secretary of Defense may not—
(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsections (c) and (e); or
(2) sell any material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
(A) any covered nation; or
(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
**(b) Applicability.—** Subsection (a) shall apply to prime contracts and subcontracts at any tier.
**(c) Exceptions.—** Subsection (a)(1) does not apply under the following circumstances:
(1) If the Secretary of Defense or the Secretary of the military department concerned—
(A) identifies a specific end item for which a specific covered material of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price; and
(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.
(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States in support of contingency operations or for use outside of the United States.
(3) To the purchase by the Secretary of an end item containing a covered material that is—
(A) a commercially available off-the-shelf item (as defined in [section 104 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4872
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