[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7916-S7917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______