Government-wide critical mineral procurement and resale authorities feasibility study

(a) In general The Secretary of Defense, in coordination with the Secretary of the Interior, the Secretary of Commerce, the Administrator of the General Services Administration, and the heads of other relevant Executive agencies, shall carry out a study on the feasibility of providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense. (b) Contents The study required by subsection (a) shall include the following: (1) An assessment of the need of Executive agencies for critical mineral procurement and resale authorities similar to those of the Secretary of Defense. (2) An evaluation of the legal, regulatory, and logistical barriers to providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense. (3) An analysis of the economic and strategic effects of allowing Executive agencies to resell excess critical minerals on the open market, including potential effects on the domestic supply chains and international trade. (4) Recommendations for legislative or regulatory changes necessary to providing to the heads of all Executive agencies critical mineral procurement and resale authorities similar to those of the Secretary of Defense, including safeguards to prevent market disruption or misuse of proceeds resulting from the use of such authorities by such heads. (c) Report to Congress (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study required by subsection (a). (2) Form The report required by paragraph (1) shall be in an unclassified form, but may include as classified annex. (d) 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)). (2) The term critical mineral procurement and resale authority includes any statutory authority of a Executive agency to acquire, stockpile, manage, sell, exchange, or otherwise dispose of critical minerals for purposes of national security, economic security, or emergency preparedness, including authorities under section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) and the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), and any other authority that the Secretary of Defense determines relevant. (3) The term Executive agency has the meaning given such term in section 105 of title 5, United States Code.