S.Amdt. 4399Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4399

Sponsored by Tom CottonSen. Tom Cotton (R-AR)
Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

Submitted

SA 4399. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XIV, add the following:

Subtitle D--Extraction and Processing of Defense Minerals in the United
States

SEC. 1431. SHORT TITLE.

This subtitle may be cited as the ``Restoring Essential
Energy and Security Holdings Onshore for Rare Earths Act of
2021'' or the ``REEShore Act of 2021''.

SEC. 1432. DEFINITIONS.

In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Energy and Natural
Resources, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Natural Resources, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Defense mineral.--The term ``defense mineral'' has the
meaning given the term ``critical mineral'' in section
7002(a) of the Energy Act of 2020 (division Z of Public Law
116-260; 30 U.S.C. 1606(a)).
(3) Defense mineral product.--The term ``defense mineral
product'' means any product--
(A) formed or comprised of, or manufactured from, one or
more defense minerals; and
(B) used in military defense technologies or other related
applications.

SEC. 1433. REPORT ON ESTABLISHMENT OF STRATEGIC DEFENSE
MINERAL AND DEFENSE MINERAL PRODUCTS RESERVE.

(a) Findings.--Congress finds that the storage of
substantial quantities of defense minerals and defense
mineral products will--
(1) diminish the vulnerability of the United States to the
effects of a severe supply chain interruption; and
(2) provide limited protection from the short-term
consequences of an interruption in supplies of defense
mineral products.
(b) Sense of Congress.--It is the sense of Congress that,
in procuring defense minerals and defense mineral products,
the Secretary of Defense should prioritize procurement of
defense minerals and defense mineral products from sources in
the United States, including that are mined, produced,
separated, and manufactured within the United States.
(c) Report Required.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of the Interior,
acting through the United States Geologic Survey, and the
Secretary of Defense shall jointly submit to the appropriate
congressional committees a report describing--
(A) the strategic requirements of the United States
regarding stockpiles of defense minerals and defense mineral
products; and
(B) the requirements for such metals and products to
support the United States for one year in the event of a
supply disruption.
(2) Considerations.--In developing the report required by
paragraph (1), the Secretary of the Interior and the
Secretary of Defense shall take into consideration the needs
of the Armed Forces of the United States, the defense
industrial and technology sectors, and any places,
organizations, physical infrastructure, or digital
infrastructure designated as critical to the national
security of the United States.
(d) Reassessment of Requirements.--The Secretary of the
Interior and the Secretary of Defense shall--
(1) jointly and continually reassess the strategic
requirements described in paragraph (1) of subsection (c) and
the considerations described in paragraph (2) of that
subsection; and
(2) not less frequently than annually, submit to the
appropriate congressional committees a report--
(A) on that reassessment; and
(B) describing any activities relating to the establishment
or use of a strategic defense minerals and defense mineral
products reserve during the preceding year.

SEC. 1434. REPORT ON DISCLOSURES CONCERNING DEFENSE MINERALS
BY CONTRACTORS OF DEPARTMENT OF DEFENSE.

Not later than December 31, 2021, and annually thereafter,
the Secretary of Defense, after consultation with the
Secretary of Commerce, the Secretary of State, and the
Secretary of the Interior, shall submit to the appropriate
congressional committees a report that includes--
(1) a disclosure, provided by a contractor to the
Department of Defense, of any system with a defense mineral
product that is a permanent magnet, including an
identification of the country or countries in which--
(A) the defense minerals used in the magnet were mined;
(B) such defense minerals were refined into oxides;
(C) such defense minerals were made into metals and alloys;
and
(D) the magnet was sintered or bonded and magnetized;
(2) if a contractor cannot make the disclosure described in
paragraph (1) with respect to a magnet, an assessment of the
effect of requiring the contractor to establish and implement
an independently verifiable supply chain tracking system in
order to provide that disclosure not later than 180 days
after providing the magnet to the Department of Defense;
(3) an assessment of the extent of reliance by the United
States on foreign countries, and especially countries that
are not allies of the United States, for defense minerals;
(4) a determination with respect to which systems are of
the greatest concern for interruptions of defense minerals
supply chains; and
(5) any suggestions for legislation or funding that would
mitigate supply chain security gaps.

SEC. 1435. PRODUCTION IN AND USES OF DEFENSE MINERALS BY
UNITED STATES ALLIES.

(a) Policy.--It shall be the policy of the United States to
encourage countries that are allies of the United States to
eliminate their dependence on non-allied countries for
defense minerals to the maximum extent practicable.

[[Page S7917]]

(b) Report Required.--Not later than December 31, 2022, and
annually thereafter, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report--
(1) describing in detail the discussions of such
Secretaries with countries that are allies of the United
States concerning supply chain security for defense minerals;
(2) assessing the likelihood of those countries
discontinuing the use of defense minerals from the People's
Republic of China or other countries that such Secretaries
deem to be of concern; and
(3) assessing initiatives in other countries to increase
defense mineral mining and production capabilities.
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