S.Amdt. 4399Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4399
Sponsored by
Sen. Tom Cotton (R-AR)
Submitted November 4, 2021
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Senate amendment submitted
November 4, 2021
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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. ______