Page:United States Statutes at Large Volume 123.djvu/2439

 123STA T . 2 4 1 9PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 oftheS e na te an dH o us eof R e pr esentat iv es a report on rare earth m ateria l s in the suppl yc hain of the D epartment of Defense .(b)MAT T ERSAD DRESSED. —T he report re q uired by subsection (a) shall address , at a minimum, the follo w in g: ( 1 ) An analysis of the current and pro j ected domestic and worldwide availability of rare earths for use in defense systems, including an analysis of projected availability of these materials inthee x port mar k et. ( 2 ) An analysis of actions or events outside the control of the G overnment of the U nited States that could restrict the access of the Department of Defense to rare earth materials, such as past procurements and attempted procurements of rare earth mines and mineral rights. ( 3 ) A determination as to which defense systems are cur - rently dependent on, or projected to become dependent on, rare earth materials, particularly neodymium iron boron magnets, whose supply could be restricted— (A) by actions or events identified pursuant to para- graph (2) or ( B ) by other actions or events outside the control of the Government of the United States. ( 4 ) The risk to national security, if any, of the dependencies (current or projected) identified pursuant to paragraph (3). ( 5 ) Any steps that the Department of Defense has taken or is planning to take to address any such risk to national security. ( 6 ) Such recommendations for further action to address the matters covered by the report as the C omptroller General considers appropriate. (c) DE FIN ITI O NS.— I n this section: (1) The term ‘ ‘rare earth ’ ’ means the chemical elements, all metals, beginning with lanthanum, atomic number 5 7, and including all of the natural chemical elements in the periodic table following lanthanum up to and including lutetium, ele- ment number 71. The term also includes the elements yttrium and scandium. (2) The term ‘‘rare earth material’’ includes rare earth ores, semi-finished rare earth products, and components con- taining rare earth materials. SEC.84 4.C OMPTR O L LER G E N ER A L REPORT ON STR U CTURE AN D MANAGEMENT O F SU B CONTRACTORS UNDER CONTRACTS FOR MA J OR W EAPON S Y STEMS. (a) ST U D Y .—The Comptroller General shall conduct a study on the structure and management of major subcontracts under contracts for the acquisition of selected major weapon systems. (b) ISSUES TO BE ADDRESSED.—At a minimum, the study required by subsection (a) shall address the following: (1) The number of major subcontracts under each prime contract reviewed. (2) The manner in which the prime contractor addressed decisions to conduct work in-house or through subcontracts. (3) The manner in which any potential organi z ational con- flicts of interest were addressed and the Government’s role (if any) in selecting the approach chosen.