[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]
Presidential Documents
Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 /
Presidential Documents
___________________________________________________________________
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
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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.
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(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