Feasibility study on extending critical minerals procurement authorities to other Federal agencies

(a) Findings on critical mineral acquisition The Congress finds the following: (1) Critical minerals are essential to national security, economic stability, and technological innovation across multiple U.S. government sectors. (2) The Department of Defense’s experience with critical minerals procurement highlights the potential for broader federal application to enhance resource security. (3) Federal agencies, such as the Departments of Energy and Homeland Security, rely on critical minerals but lack independent procurement and resale authorities. (4) Extending such authorities could strengthen domestic supply chains and reduce dependence on foreign sources vulnerable to disruption. (5) Legal and regulatory barriers may limit agencies’ ability to procure and manage critical minerals effectively, requiring thorough evaluation. (6) Allowing resale of excess critical minerals could generate revenue and support strategic goals, provided safeguards prevent market instability. (b) Sense of Congress on critical mineral acquisition It is the sense of the Congress that a whole-of-government approach to critical minerals procurement could bolster national resilience and economic competitiveness. (c) Study required (1) In general The Secretary of Defense, in coordination with the Secretary of the Interior, the Secretary of Commerce, the Administrator of General Services Administration, and the heads of other relevant Federal agencies, shall conduct a study on the feasibility of providing to other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities. (2) Contents The study required by paragraph (1) shall include— (A) an assessment of the need of other Federal agencies for critical minerals; (B) an evaluation of the legal, regulatory, and logistical barriers to granting other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities; (C) an analysis of the economic and strategic effects of allowing other Federal agencies to resell critical minerals in excess of those required to meet the needs of the Federal agency on the open market, including potential effects on domestic supply chains and international trade; and (D) recommendations for legislative or regulatory changes necessary to grant other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities, including safeguards to prevent market disruption or misuse of resale proceeds resulting from the use of such similar authorities by other Federal agencies. (d) Report (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report described in paragraph (2). (2) Report described The report described in this subsection is a report by the Secretary of Defense containing— (A) the detailed findings of the study required by subsection (c)(1); (B) recommendations for granting other Federal agencies authorities similar to Department of Defense critical mineral procurement authorities; and (C) such other additional information as the Secretary determines appropriate for ensuring a coordinated, whole-of-government approach to the management of critical minerals. (3) Form The report required under paragraph (1) shall by submitted in an unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term critical mineral has the meaning given such term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), except that such term includes any mineral, element, substance, or material designated by the Secretary of Defense as a critical mineral. (2) The term Department of Defense critical mineral procurement authorities means the authorities available to the Department of Defense for the Department to independently acquire and dispose of critical minerals. (3) The term other Federal agency means a Federal agency other than the Department of Defense.