[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Page S8512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4820. Mr. COTTON (for himself, Mr. Manchin, Mr. Tuberville, and 
Mr. Kelly) 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 Critical 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 and 
     Critical Minerals Act of 2021'' or the ``REEShore Critical 
     Minerals 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, the Committee on Commerce, Science, and 
     Transportation, 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, the 
     Committee on Energy and Commerce, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term 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 critical minerals; and
       (B) used in critical military defense technologies or other 
     related applications of the Department of Defense.
       (4) Processed or refined.--The term ``processed or 
     refined'' means any process by which a defense mineral is 
     extracted, separated, or otherwise manipulated to render the 
     mineral usable for manufacturing a defense mineral product.

     SEC. 1433. REPORT ON STRATEGIC CRITICAL MINERAL AND DEFENSE 
                   MINERAL PRODUCTS RESERVE.

       (a) Findings.--Congress finds that the storage of 
     substantial quantities of critical 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 critical minerals and defense mineral products, 
     the Secretary of Defense should prioritize procurement of 
     critical 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, in consultation with the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Secretary of Commerce, 
     and the Director of National Intelligence, shall jointly 
     submit to the appropriate congressional committees a report--
       (A) describing the existing authorities and funding levels 
     of the Federal Government to stockpile critical minerals and 
     defense mineral products;
       (B) assessing whether those authorities and funding levels 
     are sufficient to meet the requirements of the United States; 
     and
       (C) including recommendations to diminish the vulnerability 
     of the United States to disruptions in the supply chains for 
     critical minerals and defense mineral products through 
     changes to policy, procurement regulation, or existing law, 
     including any additional statutory authorities that may be 
     needed.
       (2) Considerations.--In developing the report required by 
     paragraph (1), the Secretary of the Interior, the Secretary 
     of Defense, the Secretary of Commerce, the Secretary of 
     Homeland Security, the Director of the Cybersecurity and 
     Infrastructure Security Agency, and the Director of National 
     Intelligence shall take into consideration the needs of the 
     Armed Forces of the United States, the intelligence community 
     (as defined in section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4))), 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.

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

       (a) Report Required.--Not later than December 31, 2022, 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 review of the existing disclosure requirements with 
     respect to the provenance of magnets used within defense 
     mineral products;
       (2) a review of the feasibility of imposing a requirement 
     that any contractor of the Department of Defense provide a 
     disclosure with respect to any system with a defense mineral 
     product that is a permanent magnet, including an 
     identification of the country or countries in which--
       (A) the critical minerals used in the magnet were mined;
       (B) the critical minerals were refined into oxides;
       (C) the critical minerals were made into metals and alloys; 
     and
       (D) the magnet was sintered or bonded and magnetized; and
       (3) recommendations to Congress for implementing such a 
     requirement, including methods to ensure that any tracking or 
     provenance system is independently verifiable.

     SEC. 1435. REPORT ON PROHIBITION ON ACQUISITION OF DEFENSE 
                   MATERIALS FROM NON-ALLIED FOREIGN NATIONS.

       The Secretary of Defense shall study and submit to the 
     appropriate congressional committees a report on the 
     potential impacts of imposing a restriction that, for any 
     contract entered into or renewed on or after December 31, 
     2026, for the procurement of a system the export of which is 
     restricted or controlled under the Arms Export Control Act 
     (22 U.S.C. 2751 et seq.), no critical minerals processed or 
     refined in the People's Republic of China may be included in 
     the system.

     SEC. 1436. PRODUCTION IN AND USES OF CRITICAL 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 
     identify alternatives, to the maximum extent practicable, to 
     the use of critical minerals from foreign entities of 
     concern.
       (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 the discussions of such Secretaries with 
     countries that are allies of the United States concerning 
     supply chain security for critical minerals;
       (2) assessing the likelihood of those countries identifying 
     alternatives, to the maximum extent practicable, to the use 
     of critical minerals from foreign entities of concern or 
     countries that such Secretaries deem to be of concern; and
       (3) assessing initiatives in other countries to increase 
     critical mineral mining and production capabilities.
       (c) Foreign Entity of Concern Defined.--In this section, 
     the term ``foreign entity of concern'' has the meaning given 
     that term in section 9901(6) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (15 U.S.C. 4651(6)).
                                 ______