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Code · BILL · 117th Congress · S. 5195 (Introduced in Senate) — To strengthen the national security of the United States by decreasing the reliance of the Department of Defense on c... · Sec. 5

Sec. 5. Strategy to transition the supply chain for the National Defense Stockpile to United States and allied-processed critical minerals by 2027

560 words·~3 min read·/bill/117/s/5195/is/section-5·

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Not later than 90 days after the report required by section 4 is submitted, the Director of the Defense Logistics Agency, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop, and submit to the appropriate committees of Congress, a strategy to transition the supply chain for critical minerals, including rare earths elements, in the National Defense Stockpile away from reliance on geostrategic competitors and adversaries of the United States by 2027, through acquisition of critical minerals processed by— the United States, with a preference given to critical minerals processed in the United States; or allied countries (excluding critical minerals processed in a country that is a geostrategic competitor or adversary of the United States), with preference given to critical minerals processed in such countries.
The strategy required by subsection
(a)shall be designed to meet the forecasted need for critical minerals of the Department of Defense through calendar year 2027 for— planned procurements; anticipated adoption of emerging technology; and potential increases in the National Defense Stockpile that would be needed if the Department implements the guidance included in the Climate Adaptation Action Plan of the Department of Defense, dated September 2021. The strategy required by subsection
(a)shall include the following: A list of critical minerals in the National Defense Stockpile. A priority ranking for transitioning the critical minerals on the list required by paragraph (1), developed using, for each such mineral— the percentage of the mineral processed by foreign sources (excluding allied countries); the percentage of operational processing facilities for the mineral located in the United States and in allied countries, compared to foreign sources of the mineral (excluding allied countries); the quantity of the mineral required to fulfill the purposes set forth in section 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a ); and any other metric, as determined by the Director and the Under Secretary, that may be an indicator of reliance on foreign sources (excluding allied countries) for the mineral. A process to replenish 50 percent of each mineral on the list required by paragraph
(1)with the mineral processed by United States or allied country processors during the 1-year period after implementation of the strategy. A process to replenish 95 percent of each mineral on the list required by paragraph
(1)with the mineral processed by United States or allied country processors during the 3-year period after implementation of the strategy. Recommendations to Congress with respect to any authorities needed to implement the strategy. Any other matters related to implementing the strategy as the Director and the Under Secretary consider appropriate. The Director and the Under Secretary shall— coordinate the implementation of the processes required by paragraphs
(3)and
(4)of subsection
(c)with the Department of Defense and activities carried out by the Department under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ); and to the greatest extent practicable, implement the strategy required by subsection
(a)with respect to acquisition of critical minerals for the National Defense Stockpile with funds authorized to be appropriated under section 7. Not later than 180 days after the submission of the strategy required by subsection (a), and every 180 days thereafter, the Director and the Under Secretary shall brief the appropriate committees of Congress on implementation of the strategy.
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Sec. 5
Strategy to transition the supply chain for the National Defense Stockpile to United States and allied-processed critical minerals by 2027
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