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Rare Earth Legislation of the 111th Congress

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Sept 8, 2010

According to the Congressional Research Service (CRS), the following legislation has been introduced into the current 111th Congress. The CRS also suggests a few possible additional policies options:

 

  • Authorize and appropriate additional funds for a USGS Assessment
  • Support and encourage greater exploration for rare earth elements
  • Challenge China on its export policies
  • Establish a stockpile
CRS

H.R. 4866, the Rare Earths Supply-Chain Technology and Resources Transformation Act of 2010

This act was introduced by TREM10 Keynote speaker Congressman Mike Coffman and announced at TREM10 in March

The House bill, H.R. 4866 (Coffman) was introduced on March 29, 2010, has 16 co-sponsors, and was referred to the House Committee on Ways and Means, Subcommittee on Trade. The purpose of the bill is

To reestablish a competitive domestic rare earths minerals production industry; a domestic rare earth processing, refining, purification, and metals production industry; a domestic rare earth metals alloying industry; and a domestic rare earth based magnet production industry and supply chain in the United States.

 

S. 3521, Rare Earths Supply Technology and Resources Transformation Act of 2010

This act was introduced by Senator Lisa Murkowski and was the subject of a TREM Center conference call featuring Colin Hayes (Senate Energy and Natural Resources Committee professional staff).

The bill is similar to the House bill.

H.R. 5136, the Fiscal Year 2011 National Defense Authorization Act

 

The House-passed bill (H.R. 5136) would require the Secretary of Defense to assess the rare earth material supply chain to determine if any of the materials were strategic or critical to national security. If the material is determined to be strategic, the Secretary would be required to develop a plan to ensure long-term availability by December 31, 2015. The Secretary shall submit a report to Congress on the assessment and the plan not later than 180 days after enactment of this legislation.

 

P.L. 111-84, the Fiscal Year 2010 National Defense Authorization Act

In the proposed House and Senate (H.R. 2647/S. 1390) versions of the defense authorization bill for 2010, Representative Mike Coffman and Senator Evan Bayh introduced legislation to direct the Comptroller General to determine the extent to which specific military weapons systems are currently dependent upon rare-earth materials and the degree to which the United States is dependent upon sources that could be interrupted or disrupted. The measure also directed DOD to describe the risks (both current and projected) involved in the United States’ dependence on foreign sources of these materials, and any steps DOD has taken or plans to take to address any potential risks to national security. 30  The measure was passed in the Fiscal Year 2010 National Defense Authorization Act.

See the full report here:

http://www.fas.org/sgp/crs/natsec/R41347.pdf