Sec. 4. Disclosures concerning rare earth elements and covered critical minerals by contractors of Department of Defense
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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. A disclosure under subsection
(a)shall include an identification of the country or countries in which— any rare earth elements and covered critical minerals used in the magnet were mined; such elements and minerals were refined into oxides; such elements and minerals were made into metals and alloys; and the magnet was sintered or bonded and magnetized. If a contractor cannot make the disclosure required by subsection
(a)with respect to a system described in that subsection, the Secretary shall require the contractor 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 Defense. 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— the continued procurement of the system is necessary to meet the demands of a national emergency declared under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ); or the contractor cannot currently make the disclosure required by subsection
(a)but is making significant efforts to comply with the requirements of that subsection. The Secretary— may renew a waiver under paragraph (1)(A) as many times as the Secretary considers appropriate; and may not renew a waiver under paragraph (1)(B) more than twice. Not later than 30 days after the submission of each report required by section 6(c), the Secretary of Defense shall provide to the appropriate congressional committees a briefing that includes— a summary of the disclosures made under this section; 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 rare earth elements and covered critical minerals; a determination with respect to which systems described in subsection
(a)are of the greatest concern for interruptions of supply chains with respect to rare earth elements and covered critical minerals; and any suggestions for legislation or funding that would mitigate security gaps in such supply chains.
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Sec. 4
Disclosures concerning rare earth elements and covered critical minerals by contractors of Department of Defense
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