[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Presidential Documents]
[Pages 19775-19777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07421]


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  Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 19775]]

                Presidential Determination No. 2022-11 of March 31, 
                2022

                
Presidential Determination Pursuant to Section 
                303 of the Defense Production Act of 1950, as Amended

                Memorandum for the Secretary of Defense

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 303 of the Defense 
                Production Act of 1950, as amended (the ``Act'') (50 
                U.S.C. 4533), it is hereby ordered:

                Section 1. Policy. It is the policy of my 
                Administration that ensuring a robust, resilient, 
                sustainable, and environmentally responsible domestic 
                industrial base to meet the requirements of the clean 
                energy economy, such as the production of large-
                capacity batteries, is essential to our national 
                security and the development and preservation of 
                domestic critical infrastructure.

                The United States depends on unreliable foreign sources 
                for many of the strategic and critical materials 
                necessary for the clean energy transition--such as 
                lithium, nickel, cobalt, graphite, and manganese for 
                large-capacity batteries. Demand for such materials is 
                projected to increase exponentially as the world 
                transitions to a clean energy economy.

                To promote the national defense, the United States must 
                secure a reliable and sustainable supply of such 
                strategic and critical materials. The United States 
                shall, to the extent consistent with the promotion of 
                the national defense, secure the supply of such 
                materials through environmentally responsible domestic 
                mining and processing; recycling and reuse; and 
                recovery from unconventional and secondary sources, 
                such as mine waste.

                These actions shall be conducted, to the extent 
                consistent with the promotion of the national defense 
                and applicable law, with strong environmental, 
                sustainability, safety, labor, Tribal consultation, and 
                impacted community engagement standards, to rebuild and 
                maintain American expertise and productive capacity in 
                these critical sectors.

                Sec. 2. Determination. (a) I hereby determine, pursuant 
                to section 303(a)(5) of the Act, that:

(1) sustainable and responsible domestic mining, beneficiation, and value-
added processing of strategic and critical materials for the production of 
large-capacity batteries for the automotive, e-mobility, and stationary 
storage sectors are essential to the national defense;

(2) without Presidential action under section 303 of the Act, United States 
industry cannot reasonably be expected to provide the capability for these 
needed industrial resources, materials, or critical technology items in a 
timely manner; and

(3) purchases, purchase commitments, or other action pursuant to section 
303 of the Act are the most cost-effective, expedient, and practical 
alternative method for meeting the need.

                    (b) Consistent with section 303(a)(1) of the Act, 
                the Secretary of Defense shall create, maintain, 
                protect, expand, or restore sustainable and responsible 
                domestic production capabilities of such strategic and 
                critical materials by supporting feasibility studies 
                for mature mining, beneficiation, and value-added 
                processing projects; by-product and co-product 
                production at existing

[[Page 19776]]

                mining, mine waste reclamation, and other industrial 
                facilities; mining, beneficiation, and value-added 
                processing modernization to increase productivity, 
                environmental sustainability, and workforce safety; and 
                any other such activities authorized under section 
                303(a)(1) of the Act.
                    (c) In the execution of projects to create, 
                maintain, protect, expand, or restore sustainable and 
                responsible domestic production capabilities of such 
                strategic and critical materials consistent with 
                section 303(a)(1) of the Act, the Secretary of Defense 
                shall consult with the Secretary of the Interior, the 
                Secretary of Agriculture, the Secretary of Energy, and 
                the heads of other executive departments and agencies 
                (agencies) as appropriate.
                    (d) Further, pursuant to section 303(a)(7)(B) of 
                the Act, I find that action to expand the domestic 
                production capabilities for such strategic and critical 
                materials is necessary to avert an industrial resource 
                or critical technology item shortfall that would 
                severely impair the national defense capability. 
                Therefore, I waive the requirements of section 
                303(a)(1)-(a)(6) of the Act for the purpose of 
                expanding the sustainable and responsible domestic 
                mining, beneficiation, and value-added processing of 
                strategic and critical materials necessary for the 
                production of large-capacity batteries for the 
                automotive, e-mobility, and stationary storage sectors.

                Sec. 3. Annual Report to the President and the Congress 
                by the Secretary of Defense. (a) The Secretary of 
                Defense, in consultation with the heads of other 
                agencies as appropriate, shall conduct a survey of the 
                domestic industrial base for the mining, beneficiation, 
                and value-added processing of strategic and critical 
                materials for the production of large-capacity 
                batteries for the automotive, e-mobility, and 
                stationary storage sectors. Such survey shall assess 
                whether conditions continue to warrant the use of the 
                authority under section 303 of the Act.

                    (b) Consistent with the designation under section 
                309 of Executive Order 13603 of March 16, 2012 
                (National Defense Resources Preparedness), the 
                Secretary of Defense shall include the survey stated in 
                section 3(a) of this determination in the annual report 
                to the Congress required by section 304(f) of the Act, 
                and also shall submit such report to the President.

                Sec. 4. Limitations. Nothing in this determination 
                shall be construed to waive or supersede the 
                requirement for mines or other industrial facilities to 
                comply with all Federal and State permitting 
                requirements and environmental health and safety laws.

                Sec. 5. General Provisions. (a) Nothing in this 
                determination shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This determination shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This determination is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 19777]]

                    (d) You are authorized and directed to publish this 
                determination in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, March 31, 2022

[FR Doc. 2022-07421
Filed 4-5-22; 8:45 am]
Billing code 5001-06-P