Rule2024-18107
Defense Federal Acquisition Regulation Supplement: Strategic and Critical Materials Stock Piling Act Reform (DFARS Case 2023-D014)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2024
Effective
August 15, 2024
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2023 that revises the name of the Strategic Materials Protection Board.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Page 66286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18107]
[[Page 66286]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
[Docket DARS-2024-0024]
RIN 0750-AL87
Defense Federal Acquisition Regulation Supplement: Strategic and
Critical Materials Stock Piling Act Reform (DFARS Case 2023-D014)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement a section of the
National Defense Authorization Act for Fiscal Year 2023 that revises
the name of the Strategic Materials Protection Board.
DATES: Effective August 15, 2024.
FOR FURTHER INFORMATION CONTACT: Kimberly Bass, telephone 703-717-3446.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule revises the DFARS to implement section 1411 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023
(Pub. L. 117-263). Section 1411 repeals 10 U.S.C. 187, which
established the Strategic Materials Protection Board, and amends
section 10 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-1) to establish the Strategic and Critical Materials Board
of Directors. Therefore, this final rule removes the name ``Strategic
Materials Protection Board'' and inserts the new name ``Strategic and
Critical Materials Board of Directors'' in the DFARS.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed
Regulations. Subsection (a)(1) of the statute requires that a
procurement policy, regulation, procedure, or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because the rule only revises all references to the Strategic Materials
Protection Board in the DFARS, with no impact on contractors or
offerors.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This final rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing solicitation
provisions or contract clauses or their applicability to contracts
valued at or below the simplified acquisition threshold, for commercial
products including COTS items, or for commercial services.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, as amended.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
part 225 as follows:
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Amend section 225.7003-3 by revising paragraph (b)(1) to read as
follows:
225.7003-3 Exceptions.
* * * * *
(b) * * *
(1) Electronic components, unless the Secretary of Defense, upon
the recommendation of the Strategic and Critical Materials Board of
Directors pursuant to 50 U.S.C. 98h-1, determines that the domestic
availability of a particular electronic component is critical to
national security.
* * * * *
0
3. Amend section 225.7018-3 by revising paragraph (c)(2) to read as
follows:
225.7018-3 Exceptions.
* * * * *
(c) * * *
(2) An electronic device, unless the Secretary of Defense, upon the
recommendation of the Strategic and Critical Materials Board of
Directors pursuant to 50 U.S.C. 98h-1 determines that the domestic
availability of a particular electronic device is critical to national
security (but see PGI 225.7018-3(c)(2) with regard to samarium-cobalt
magnets used in electronic components); or
* * * * *
[FR Doc. 2024-18107 Filed 8-14-24; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on August 15, 2024.
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