US Codex
Bill
Notes

To require the Secretary of Defense to develop a strategy for further collaborating with allies and partners of the United States regarding access to strategic and critical minerals, and for other purposes.

H.R. 8904 · 117th Congress · Sep 19, 2022 · Lineage

A BILL

Section 1 Strategy on further collaborating with allies and partners for access to strategic and critical minerals

(a)
Feasibility briefing— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall brief the appropriate congressional committees on the feasibility of expanding the cooperation of the Department of Defense with the allies and partners of the United States regarding critical minerals, including shared access to sources of such minerals, facilities for processing such minerals, and stockpiles of such minerals.
(b)
Collaboration strategy—
(1)
In general— Not later than 270 days after the date of the enactment of this Act, in line with section 3(b)(iii) of Executive Order 14017 (86 Fed. Reg. 11849; relating to America’s supply chain), the Secretary of Defense shall submit to the appropriate congressional committees a strategy for expanding the collaboration of the Department of Defense with the allies and partners of the United States to strengthen the supply chains for critical minerals and address the risks to such supply chains.
(2)
Elements— The strategy required by paragraph (1) shall—
(A)
identify key allies and partners of the United States with which the Department of Defense may seek to enter into bilateral and multilateral agreements on access to critical minerals to strengthen defense industrial supply chains;
(B)
prioritize strategic and critical minerals that are essential for national defense and of which such allies and partners maintain large stocks;
(C)
assess opportunities for regional and multilateral agreements regarding access to strategic and critical minerals, including prioritizing mining, processing, and refining of strategic and critical minerals for national defense purposes;
(D)
review the authorities under which the Department of Defense may enter into strategic and critical mineral sharing agreements; and
(E)
provide recommendations for adjustments to existing authorities to facilitate strategic and critical mineral sharing agreements with such allies and partners.
(3)
Collaboration agreement requirements— The agreements described in subparagraphs (A) and (C) of paragraph (2) shall—
(A)
identify the terms of potential bilateral and multilateral agreements, including processes for information sharing during peacetime and mechanisms for expediting the sharing of strategic and critical minerals during crisis and conflict scenarios; and
(B)
in a crisis or conflict scenario, prioritize the access of the domestic defense industrial base to strategic and critical materials.
(c)
Rule of construction— Nothing in this section may be construed as authorizing the Secretary of Defense to transfer or otherwise dispose of any strategic and critical mineral contained in the National Defense Stockpile that is necessary for the defense industrial base.
(d)
Definitions— In this Act:
(1)
Appropriate congressional committees— The term appropriate congressional committees means the Committees on Armed Services of the Senate and the House of Representatives.
(2)
Strategic and critical minerals— The term strategic and critical minerals means any mineral, element, substance, or material designated as critical by the Secretary of the Interior under section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c)).