Chapter
Chapter 1: Specialty Metals: DOD Dissemination of National Security Waiver Information Could Enhance Awareness and Compliance with Restrictions
DOD Primarily Relies on Contractors to Determine Needs for Specialty Metals and Verify Compliance with Restrictions
DOD Relies on Weapon System Contractors and Subcontractors to Plan for Specialty Metal Needs
DOD Relies on Weapon System Contractors and Suppliers to Ensure Compliance with the Specialty Metals Restrictions,
but Periodically Reviews Prime Contractor Quality
DOD Has Defined Procedures for Requesting Specialty Metals Waivers, but Dissemination of Its Waiver Information is Limited
DOD Has Granted National Security Waivers
Since 2009 and Recently Defined Procedures
DOD Lacks a Mechanism to Disseminate Information
on National Security Waivers Granted
Recommendation for Executive Action
Agency Comments and Our Evaluation
Appendix I: Objectives, Scope and Methodology
Appendix II: Exceptions to the Specialty Metals Restriction Requirements and Qualifying Country Exception
Chapter 2: The Specialty Metal Clause: Oversight Issues and Options for Congress
Definition of Specialty Metals
Exceptions to the Specialty Metals Clause
H.R. 1960/S. 1197, National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014
Subtitle B—National Defense Stockpile
Section 1411. Use of National Defense Stockpile for the Conservation of a Strategic and Critical Materials Supply
Section 1412. Authority to Acquire Additional Materials for the National Defense Stockpile
Directive Report Language
Title XVI – Industrial Base Matters
Report on the Diversification of Supply Activities Related to Rare Earth Elements
Report on the Implementation of Rare Earth Elements Strategy in the Joint Strike Fighter Program
S. 1600, Critical Minerals Policy Act of 2013
H.R. 761, National Strategic and Critical Minerals Production Act of 2013
H.R. 981, RARE Act of 2013
H.R. 1063, National Strategic and Critical Minerals Policy Act of 2013
2013 Annual Industrial Capability Report to Congress
Federal Register, Final Rule on the Production of Specialty Metals
Original Congressional Intent
The Test of Reasonableness
Oversight Issues for Congress
Effect on the Defense Industrial Base
Competition Affects Suppliers Differently
Doing Business with DOD Could Mean Maintaining Separate Production Lines
Effect on Joint Ventures and Partnerships
The Administrative Burden
In Urgent Situations and Times of War
Maintaining a Productive and Profitable Domestic Base
Domestic Restrictions Protect the U.S. Industrial Base
Eliminate the Specialty Metal Clause
Require an Assessment of Compliance with New Exceptions to the Specialty Metal Clause
Require a Review of Waivers Issued Under the Revised Specialty Metal Clause, and for Public Disclosure When Waivers Are Granted
Require Congressional Approval before Non-Compliant Specialty Metal Can Be Used In Defense Contracts
Require a Congressional Report for Each Platform/Component Where Foreign Specialty Metals are used in Defense Contracts
Encourage the Use of Domestic Specialty Metal
Appoint a New Specialty Metals Protection Board
Legislation Passed in the 112th Congress
FY2008 National Defense Authorization Act and Revisions to Existing Specialty Metal Rules
FY2007 National Defense Authorization Act and the Enactment of a New Specialty Metal Clause
Section 842 of the FY2007 National Defense Authorization Act
Strategic Materials Protection Board
2007 Meeting of the Strategic Materials Protection Board
2008 Meeting of the Strategic Material Protection Board
Annual Industrial Capabilities Report to Congress
Specialty Metal Use by the Department of Defense: Analysis and Issues
( Defense, Security and Strategies )
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