Sec. 1415. Critical mineral independence
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In this section: The term appropriate committees of Congress means— the Committee on Armed Services of the Senate; and the Committee on Armed Services of the House of Representatives. The term covered country means— a covered nation (as defined in section 4872(d) of title 10, United States Code); and any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this section. The term critical mineral means a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) that the Secretary of Defense determines to be important to the national security of the United States for purposes of this section.
The term shortfall material means materials determined to be in shortfall in the most recent report on stockpile requirements submitted to Congress under subsection
(a)of section 14 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–5 ) and included in the most recent briefing required by subsection
(f)of such section. It is the policy of the United States— to expand mining and processing of critical minerals, including rare earth elements, in the United States and in countries that are allies or partners of the United States to meet the needs of the United States defense sector so that the Department of Defense will achieve critical mineral supply chain independence from covered countries, including the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of North Korea; and that the Department of Defense will procure critical minerals and products made using supply chains involving critical minerals that are not mined or processed in or by covered countries. Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. The strategy required by paragraph
(1)shall— identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable; evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) to strengthen mining and processing capacity for critical minerals in the United States and in countries that are allies or partners of the United States; identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. The strategy required by paragraph
(1)shall be submitted in classified form but shall include an unclassified summary.
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- 50 USC 98h–5
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