I 
117TH CONGRESS 
2D SESSION 
H. R. 8272 
To encourage the extraction and processing of rare earth elements and critical 
minerals in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2022 
Ms. SLOTKIN (for herself and Mr. WALTZ) introduced the following bill; which 
was referred to the Committee on Armed Services, and in addition to the 
Committee on Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To encourage the extraction and processing of rare earth 
elements and critical minerals in the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Essential 
Energy and Security Holdings Onshore for Rare Earths 
Act of 2022’’ or the ‘‘REEShore Act of 2022’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Energy and Natural Re-
sources of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Energy and Commerce of the 
House of Representatives. 
(2) COVERED
CRITICAL
MINERAL.—The term 
‘‘covered critical mineral’’ means— 
(A) antimony; 
(B) beryllium; 
(C) cobalt; 
(D) graphite; 
(E) lithium; 
(F) manganese; 
(G) nickel; 
(H) tantalum; 
(I) tungsten; or 
(J) vanadium. 
(3) RARE EARTH ELEMENT.—The term ‘‘rare 
earth element’’ means— 
(A) cerium; 
(B) dysprosium; 
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SEC. 3. EXPANSION OF NATIONAL DEFENSE STOCKPILE RE-
QUIREMENTS AND CAPACITY RELATING TO 
RARE EARTH ELEMENTS AND COVERED CRIT-
ICAL MINERALS. 
(a) FINDINGS.—Congress finds that increasing the 
storage of substantial quantities of rare earth elements, 
covered critical minerals, and rare earth or covered critical 
mineral products in the National Defense Stockpile will— 
(1) diminish the vulnerability of the United 
States to the effects of severe disruptions to the sup-
ply chains for such elements, minerals, and prod-
ucts; and 
(2) provide limited protection from the con-
sequences of an interruption in supplies of such ele-
ments, minerals, and products, particularly such ele-
ments, minerals, and products required to meet the 
needs of the Armed Forces and the defense indus-
trial and technology sectors. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States to expand and maintain a strategic reserve 
of rare earth elements, covered critical minerals, and rare 
earth or covered critical mineral products. 
(c) DECLARATION OF PURPOSES.—Section 2 of the 
Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98a) is amended by adding at the end the fol-
lowing: 
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‘‘(d) The quantities of rare earth elements, covered 
critical minerals, and rare earth or covered critical mineral 
products stockpiled under this Act should be sufficient to 
sustain the United States Armed Forces and the defense 
industrial and technology sectors of the United States for 
a period of not less than 3 years during a national emer-
gency situation that would necessitate total mobilization 
of the economy of the United States for a sustained con-
ventional global war of indefinite duration.’’. 
(d) NATIONAL
EMERGENCY
PLANNING
ASSUMP-
TIONS FOR RARE EARTH ELEMENTS AND COVERED CRIT-
ICAL MINERALS.—Section 14 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h–5) is amend-
ed— 
(1) in subsection (b), in the second sentence, by 
striking ‘‘The Secretary shall base’’ and inserting 
‘‘Except as provided in subsection (c), the Secretary 
shall base’’; 
(2) by redesignating subsections (c), (d), and 
(e) as subsections (d), (e), and (f), respectively; and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) The Secretary shall base the Secretary’s rec-
ommendations under subsection (a)(1) with respect to 
stockpile requirements for rare earth elements, covered 
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critical minerals, and rare earth or covered critical mineral 
products on a national emergency situation that would last 
for a period of not less than 3 years and necessitate total 
mobilization of the economy of the United States for a 
sustained conventional global war of indefinite duration.’’. 
(e) LIMITED ACQUISITION AUTHORITY.—The Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.) is amended— 
(1) in section 3(c)(2) (50 U.S.C. 98b(c)(2)), by 
striking ‘‘The President’’ and inserting ‘‘In the case 
of acquisitions of materials the cost of which exceeds 
the amount specified in section 5(a)(3), the Presi-
dent’’; 
(2) in section 5(a) (50 U.S.C. 98d(a))— 
(A) in paragraph (1), in the first sentence, 
by inserting ‘‘under the authority of paragraph 
(3) or’’ after ‘‘Except for acquisitions made’’; 
and 
(B) by adding at the end the following: 
‘‘(3) The Secretary of Defense may acquire materials 
determined to be strategic and critical under section 3(a), 
including rare earth elements, covered critical minerals, 
and rare earth or covered critical mineral products, with-
out regard to the requirement of the first sentence of sub-
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section (a) if the cost of the materials does not exceed 
$10,000,000.’’; 
(3) in section 10(c) (50 U.S.C. 98h–1(c))— 
(A) in paragraph (2), by striking ‘‘all ac-
quisitions and disposals’’ inserting ‘‘acquisitions 
of materials the cost of which exceeds the 
amount specified in section 5(a)(3) and all dis-
posals’’; and 
(B) in paragraph (3)(A), by striking ‘‘all 
acquisitions and disposals’’ and inserting ‘‘ac-
quisitions described in paragraph (2) and all 
disposals’’; and 
(4) in section 11(b)(3) (50 U.S.C. 98h– 
2(b)(3))— 
(A) by inserting ‘‘(A)’’ before ‘‘Any pro-
posed expenditure’’; and 
(B) by adding at the end the following: 
‘‘(B) Subparagraph (A) does not apply with respect 
to acquisitions of materials the cost of which does not ex-
ceed the amount specified in section 5(a)(3).’’. 
(f) DEFINITIONS.—Section 12 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h–3) is 
amended by adding at the end the following: 
‘‘(4) The term ‘covered critical mineral’ 
means— 
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‘‘(A) antimony; 
‘‘(B) beryllium; 
‘‘(C) cobalt; 
‘‘(D) graphite; 
‘‘(E) lithium; 
‘‘(F) manganese; 
‘‘(G) nickel; 
‘‘(H) tantalum; 
‘‘(I) tungsten; or 
‘‘(J) vanadium. 
‘‘(5) The term ‘rare earth element’ means— 
‘‘(A) cerium; 
‘‘(B) dysprosium; 
‘‘(C) erbium; 
‘‘(D) europium; 
‘‘(E) gadolinium; 
‘‘(F) holmium; 
‘‘(G) lanthanum; 
‘‘(H) lutetium; 
‘‘(I) neodymium; 
‘‘(J) praseodymium; 
‘‘(K) promethium; 
‘‘(L) samarium; 
‘‘(M) scandium; 
‘‘(N) terbium; 
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‘‘(O) thulium; 
‘‘(P) ytterbium; or 
‘‘(Q) yttrium. 
‘‘(6) The term ‘rare earth or covered critical 
mineral product’ means a finished, semi-finished, or 
other intermediate good or component, including a 
battery or permanent magnet, that contains a rare 
earth element or covered critical mineral.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated for the National Defense Stockpile 
Transaction Fund under section 9 of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 
98h)— 
(A) for fiscal year 2023, $253,500,000; 
(B) for fiscal year 2024, $266,175,000; 
(C) for fiscal year 2025, $279,484,000; 
(D) for fiscal year 2026, $293,458,000; 
and 
(E) for fiscal year 2027, $308,131,000. 
(2) 
SUPPLEMENT
NOT
SUPPLANT.—The 
amounts authorized to be appropriated by paragraph 
(1) shall supplement and not supplant other 
amounts authorized to be appropriated for the Na-
tional Defense Stockpile Transaction Fund. 
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SEC. 4. DISCLOSURES CONCERNING RARE EARTH ELE-
MENTS AND COVERED CRITICAL MINERALS 
BY CONTRACTORS OF DEPARTMENT OF DE-
FENSE. 
(a) REQUIREMENT.—Beginning on the date that is 
30 months after the date of the enactment of this Act, 
the Secretary of Defense shall require that any contractor 
that provides to the Department of Defense a system with 
a permanent magnet that contains rare earth elements or 
covered critical minerals disclose, along with delivery of 
the system, the provenance of the magnet. 
(b) ELEMENTS.—A disclosure under subsection (a) 
shall include an identification of the country or countries 
in which— 
(1) any rare earth elements and covered critical 
minerals used in the magnet were mined; 
(2) such elements and minerals were refined 
into oxides; 
(3) such elements and minerals were made into 
metals and alloys; and 
(4) the magnet was sintered or bonded and 
magnetized. 
(c) IMPLEMENTATION OF SUPPLY CHAIN TRACKING 
SYSTEM.—If a contractor cannot make the disclosure re-
quired by subsection (a) with respect to a system described 
in that subsection, the Secretary shall require the con-
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tractor to establish and implement a supply chain tracking 
system in order to make the disclosure not later than 180 
days after providing the system to the Department of De-
fense. 
(d) WAIVERS.— 
(1) IN GENERAL.—The Secretary may waive a 
requirement under subsection (a) or (c) with respect 
to a system described in subsection (a) for a period 
of not more than 180 days if the Secretary certifies 
to the appropriate congressional committees that— 
(A) the continued procurement of the sys-
tem is necessary to meet the demands of a na-
tional emergency declared under section 201 of 
the National Emergencies Act (50 U.S.C. 
1621); or 
(B) the contractor cannot currently make 
the disclosure required by subsection (a) but is 
making significant efforts to comply with the 
requirements of that subsection. 
(2) WAIVER RENEWALS.—The Secretary— 
(A) may renew a waiver under paragraph 
(1)(A) as many times as the Secretary con-
siders appropriate; and 
(B) may not renew a waiver under para-
graph (1)(B) more than twice. 
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(e) BRIEFING REQUIRED.—Not later than 30 days 
after the submission of each report required by section 
6(c), the Secretary of Defense shall provide to the appro-
priate congressional committees a briefing that includes— 
(1) a summary of the disclosures made under 
this section; 
(2) an assessment of the extent of reliance by 
the United States on foreign countries, and espe-
cially countries that are not allies of the United 
States, for rare earth elements and covered critical 
minerals; 
(3) a determination with respect to which sys-
tems described in subsection (a) are of the greatest 
concern for interruptions of supply chains with re-
spect to rare earth elements and covered critical 
minerals; and 
(4) any suggestions for legislation or funding 
that would mitigate security gaps in such supply 
chains. 
SEC. 5. EXPANSION OF RESTRICTIONS ON PROCUREMENT 
OF MILITARY AND DUAL-USE TECHNOLOGIES 
BY CHINESE MILITARY COMPANIES. 
Section 1211 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3461), as most recently amended by section 1296 of the 
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National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2562), is further amend-
ed— 
(1) in the section heading, by striking ‘‘COM-
MUNIST CHINESE MILITARY COMPANIES’’ and 
inserting ‘‘CHINESE MILITARY COMPANIES’’; 
(2) in subsection (a), by inserting after ‘‘mili-
tary company’’ the following: ‘‘, any Chinese military 
company, or any Non-SDN Chinese military-indus-
trial complex company’’; 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) GOODS AND SERVICES COVERED.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), and except as provided in paragraph (2), the 
goods and services described in this subsection are 
goods and services— 
‘‘(A) on the munitions list of the Inter-
national Traffic in Arms Regulations; or 
‘‘(B) on the Commerce Control List that— 
‘‘(i) are classified in the 600 series; or 
‘‘(ii) contain rare earth elements or 
covered critical minerals. 
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‘‘(2) EXCEPTIONS.—Goods and services de-
scribed in this subsection do not include goods or 
services procured— 
‘‘(A) in connection with a visit by a vessel 
or an aircraft of the United States Armed 
Forces to the People’s Republic of China; 
‘‘(B) for testing purposes; or 
‘‘(C) for purposes of gathering intel-
ligence.’’; and 
(4) in subsection (e)— 
(A) by striking paragraph (3); 
(B) by redesignating paragraphs (1) and 
(2) as paragraphs (3) and (6), respectively; 
(C) by inserting before paragraph (3), as 
redesignated by subparagraph (B), the fol-
lowing: 
‘‘(1) The term ‘Chinese military company’ has 
the meaning given that term by section 1260H(d)(1) 
of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283; 10 U.S.C. 113 note). 
‘‘(2) The term ‘Commerce Control List’ means 
the list maintained by the Bureau of Industry and 
Security and set forth in Supplement No. 1 to part 
774 of the Export Administration Regulations.’’; 
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(D) by inserting after paragraph (3), as so 
redesignated, the following: 
‘‘(4) The term ‘covered critical mineral’ 
means— 
‘‘(A) antimony; 
‘‘(B) beryllium; 
‘‘(C) cobalt; 
‘‘(D) graphite; 
‘‘(E) lithium; 
‘‘(F) manganese; 
‘‘(G) nickel; 
‘‘(H) tantalum; 
‘‘(I) tungsten; or 
‘‘(J) vanadium. 
‘‘(5) The term ‘Export Administration Regula-
tions’ has the meaning given that term in section 
1742 of the Export Control Reform Act of 2018 (50 
U.S.C. 4801).’’; and 
(E) by adding at the end the following: 
‘‘(7) The term ‘Non-SDN Chinese military-in-
dustrial complex company’ means any entity on the 
Non-SDN Chinese Military-Industrial Complex Com-
panies List— 
‘‘(A) established pursuant to Executive 
Order 13959 (50 U.S.C. 1701 note; relating to 
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‘‘(P) ytterbium; or 
‘‘(Q) yttrium.’’. 
SEC. 6. REVIEW OF COMPLIANCE WITH CONTRACTING RE-
QUIREMENTS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and periodically there-
after until the termination date specified in subsection (e), 
the Comptroller General of the United States shall assess 
the extent of the efforts of the Department of Defense 
to comply with the requirements of— 
(1) section 4; 
(2) section 1211 of the National Defense Au-
thorization Act for Fiscal Year 2006, as amended by 
section 5 of this Act; and 
(3) section 4872 of title 10, United States 
Code. 
(b) BRIEFING REQUIRED.—The Comptroller General 
shall periodically, until the termination date specified in 
subsection (e), provide to the appropriate congressional 
committees a briefing on the results of the assessments 
conducted under subsection (a) that includes an assess-
ment of— 
(1) the inclusion by the Department of Defense 
of necessary contracting clauses in relevant contracts 
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to meet the requirements described in paragraphs 
(1), (2), and (3) of subsection (a); and 
(2) the efforts of the Department of Defense to 
assess the compliance of contractors with such 
clauses. 
(c) REPORT REQUIRED.—The Comptroller General 
shall, not less frequently than every 2 years until the ter-
mination date specified in subsection (e), submit to the 
appropriate congressional committees a report on the re-
sults of the assessments conducted under subsection (a) 
that includes an assessment of— 
(1) the inclusion by the Department of Defense 
of necessary contracting clauses in relevant contracts 
to meet the requirements described in paragraphs 
(1), (2), and (3) of subsection (a); and 
(2) the efforts of the Department of Defense to 
assess the compliance of contractors with such 
clauses. 
(d) REFERRAL.—If, in conducting an assessment 
under subsection (a), the Comptroller General determines 
that a contractor has failed to comply with any of the re-
quirements described in paragraphs (1), (2), and (3) of 
subsection (a), the Comptroller General shall refer the 
matter to the Department of Justice, relevant Inspectors 
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General, or other enforcement agencies, as appropriate, 
for further examination and possible enforcement actions. 
(e) TERMINATION.—The requirements of this section 
shall terminate on the date that is 10 years after the date 
of the enactment of this Act. 
SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH ELEMENT 
AND 
COVERED 
CRITICAL 
MINERAL 
PRO-
DUCERS AND PROCESSORS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Defense Production Act Fund 
under section 304 of the Defense Production Act of 
1950 (50 U.S.C. 4534) for each of fiscal years 2023 
through 2027, $750,000,000 for activities of the De-
partment of Defense pursuant to section 108 and 
title III of the Defense Production Act of 1950 (50 
U.S.C. 4518 and 4531 et seq.). 
(2) RARE
EARTH
ELEMENTS
AND
COVERED 
CRITICAL MINERALS.—Of the amount authorized to 
be appropriated by paragraph (1) for a fiscal year, 
not less than $250,000,000 shall be available to 
meet the requirements of the Department of Defense 
for rare earth elements and covered critical minerals. 
(b) INCREASE IN LIMITATION ON COST OF DEFENSE 
PRODUCTION ACT PROJECTS FOR RARE EARTH ELE-
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MENTS
AND COVERED CRITICAL MINERALS.—Section 
303(a)(6) of the Defense Production Act is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘If the taking’’ and insert-
ing the following: 
‘‘(i) IN GENERAL.—If the taking’’; 
(B) by inserting ‘‘(except as provided in 
clause (ii))’’ after ‘‘$50,000,000’’; and 
(C) by adding at the end the following: 
‘‘(ii) EXCEPTION
FOR
RARE
EARTH 
ELEMENTS AND COVERED CRITICAL MIN-
ERALS.—If the taking of any action under 
this subsection to correct a domestic indus-
trial base shortfall in rare earth elements, 
covered critical minerals, or rare earth or 
covered critical mineral products (as those 
terms are defined in section 2 of the 
REEShore Act of 2022) would cause the 
aggregate outstanding amount of all such 
actions for such shortfall to exceed 
$100,000,000, the action or actions may 
be taken only after the 30-day period fol-
lowing the date on which the Committee on 
Banking, Housing, and Urban Affairs of 
the Senate and the Committee on Finan-
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cial Services of the House of Representa-
tives have been notified in writing of the 
proposed action.’’; and 
(2) in subparagraph (C)— 
(A) by striking ‘‘If the taking’’ and insert-
ing the following: 
‘‘(i) IN GENERAL.—If the taking’’; 
(B) by inserting ‘‘(except as provided in 
clause (ii))’’ after ‘‘$50,000,000’’; and 
(C) by adding at the end the following: 
‘‘(ii) EXCEPTION
FOR
RARE
EARTH 
ELEMENTS AND COVERED CRITICAL MIN-
ERALS.—If the taking of any action or ac-
tions under this section to correct an in-
dustrial resource shortfall in rare earth ele-
ments, covered critical minerals, or rare 
earth or covered critical mineral products 
(as those terms are defined in section 2 of 
the REEShore Act of 2022) would cause 
the aggregate outstanding amount of all 
such actions for such industrial resource 
shortfall to exceed $100,000,000, no such 
action or actions may be taken, unless 
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such action or actions are authorized to ex-
ceed such amount by an Act of Congress.’’. 
Æ 
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