Presidential Documents

19775 

Federal Register 

Vol. 87, No. 66 

Wednesday, April 6, 2022 

Title 3— 

The President 

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 valueadded 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 valueadded 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. 

THE WHITE HOUSE, 

Washington, March 31, 2022 

[FR Doc. 2022–07421 

Filed 4–5–22; 8:45 am] 

Billing code 5001–06–P 


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